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-11- <br />Part 7010.0030, Noise Control Requirement <br />This proposed rule states that no person may violate or allow <br />any act that results or will result in a violation of the <br />standards established in Part 7010,0040. The intent of this rule <br />is to establish who is violating the noise standards. In addition, <br />the rule clarifies that an act taken by a person (such as <br />allowing a specific pattern of development to occur) may also <br />result in a violation of the noise standards. Although this <br />language is new to the rule, the requirement to comply with the <br />noise standards established by the Agency is not. Minn. Stat. <br />S115.071, subd. 2 (1984), provides that violation of an Agency <br />standard is a misdemeanor. Subdivision 3 of that statute <br />provides that violation of Agency standards subjects the violator <br />to the payment of civil penalties in an amount up to $10,000 per <br />day. Subdivision 4 of the statute provides that violation of <br />Agency standards constitutes a public nuisance. Subdivision 1 of <br />the statute provides that Agency standards may be enforced by <br />criminal prosecution, action to recover civil penalties, <br />injunction, action to compel performance, or other appropriate <br />action. The proposed rule is therefore reasonable because it <br />does not create new requirements, but only clarifies existing <br />prohibitions under Agency statutes. <br />Part 7010.0040, Noise Standards <br />This proposed rule is divided into three subparts, which are <br />discussed below. <br />