Subd. 1. Deferred enforcement.

The state must defer for at least 90 days enforcement of an environmental requirement against the owner or operator of a facility if a report that meets the requirements of section 114C.22, subdivision 2, has been submitted to the commissioner. If the report includes a performance schedule, and the performance schedule is approved under section 114C.23, the state must defer enforcement for the term of the approved performance schedule unless the owner or operator of the facility fails to meet an interim performance date contained in the schedule.

Subd. 2. Penalties waived.

If, within 90 days after the report required in section 114C.22, subdivision 2, is received by the commissioner or within the time specified in an approved performance schedule, the owner or operator of a facility corrects the violations identified in the audit or self-evaluation and certifies to the commissioner that the violations have been corrected, the state may not impose or bring an action for any administrative, civil, or criminal penalties against the owner or operator of the facility for the reported violations.

Subd. 3. Exceptions.

Notwithstanding subdivisions 1 and 2, the state may at any time bring:

1. (1) a criminal enforcement action against any person who knowingly commits a violation under section 609.671;

2. (2) a civil or administrative enforcement action, which may include a penalty, under section 115.071 or 116.072, against the owner or operator of a facility if:

   1. (i) less than one year has elapsed since the final resolution of a notice of violation, an administrative penalty order, or a civil or criminal lawsuit that resulted in an enforcement action being taken against the owner or operator of a facility for a violation of a requirement that was also shown as having been violated in the report required under section 114C.22, subdivision 2; or
   2. (ii) a violation caused serious harm to public health or the environment; or
3. (3) the enforcement action is against the owner or operator of a facility to enjoin an imminent threat to public health or the environment.

Subd. 4. Good faith consideration.

If the state finds that one of the conditions in subdivision 3 exists, the state must take into account the good faith efforts of the regulated entity to comply with environmental requirements in deciding whether to pursue an enforcement action, whether an enforcement action should be civil or criminal, and what, if any, penalty should be imposed. In determining whether the regulated entity has acted in good faith, the state must consider whether:

1. (1) when noncompliance was discovered, the regulated entity took corrective action that was timely under the circumstances;
2. (2) the regulated entity exercised reasonable care in attempting to prevent the violations and ensure compliance with environmental requirements;
3. (3) the noncompliance resulted in significant economic benefit to the regulated entity;
4. (4) prior to implementing the audit or self-evaluation program, the regulated entity had a history of good faith efforts to comply with the environmental requirements;
5. (5) the regulated entity demonstrated good faith efforts to achieve compliance since implementing an environmental auditing or self-evaluation program; and
6. (6) the regulated entity has demonstrated efforts to implement pollution prevention opportunities.

Subd. 5. Violations discovered by the state.

Nothing in sections 114C.20 to 114C.31 precludes the state from taking any enforcement action the state is authorized to take with respect to violations discovered by the state prior to the time a regulated entity has submitted to the commissioner a report that meets the requirements of section 114C.22, subdivision 2.

Subd. 6. False statements.

1. (a) A person may not knowingly make a false material statement or representation in the report filed in accordance with section 114C.22, subdivision 2. As used in this subdivision, "knowingly" has the meaning given in section 609.671, subdivision 2.

2. (b) A person found to have knowingly made a false material statement or representation shall be subject to the administrative penalties and process set forth in section 116.072.

   * NOTE: See section 114C.30 for repealer.