piers109uk/MN-Statutes huggingface dataset:
115B.19 PURPOSE OF REMEDIATION FUND.
In establishing the remediation fund in section 116.155 it is the purpose of the legislature to:
(1) encourage treatment and disposal of hazardous waste in a manner that adequately protects the public health or welfare or the environment;
(2) encourage responsible parties to provide the response actions necessary to protect the public and the environment from the effects of the release of hazardous substances;
(3) encourage the use of alternatives to land disposal of hazardous waste including resource recovery, recycling, neutralization, and reduction;
(4) provide state agencies with the financial resources needed to prepare and implement an effective and timely state response to the release of hazardous substances, including investigation, planning, removal and remedial action;
(5) compensate for increased governmental expenses and loss of revenue and to provide other appropriate assistance to mitigate any adverse impact on communities in which commercial hazardous waste processing or disposal facilities are located under the siting process provided in chapter 115A;
(6) recognize the environmental and public health costs of land disposal of solid waste and of the use and disposal of hazardous substances and to place the burden of financing state hazardous waste management activities on those whose products and services contribute to hazardous waste management problems and increase the risks of harm to the public and the environment.
116A.26 CONFORMING WITH OTHER LAW.
No action taken under sections 116A.01 to 116A.26 shall be inconsistent with sections 103F.701 to 103F.755 or chapter 115 or 116, or lawful standards, rules, orders or permits promulgated or issued thereunder.
116.081 PROHIBITIONS; AIR CONTAMINANT AND WASTE FACILITIES AND SYSTEMS.
It shall be unlawful for any person to construct, install or operate an emission facility, air contaminant treatment facility, treatment facility, potential air contaminant storage facility, storage facility, or system or facility related to the collection, transportation, storage, processing, or disposal of waste, or any part thereof unless otherwise exempted by any agency rule now in force or hereinafter adopted, until plans therefor shall have been submitted to the agency, and a written permit therefor shall have been granted by the agency. The requirements of this section shall not be applied to motor vehicles.
Any permit authorized by section 116.07, subdivision 4a issued prior to June 8, 1971, and any rule which required said prior permit, shall be valid and remain enforceable subject, however, to the right of the agency to modify or revoke said permit or amend said rule in the same manner as other permits and rules.
It shall be unlawful for any person to make any change in, addition to or extension of any existing system or facility specified in subdivision 1, or part thereof, that would materially alter the method or the effect of treating or disposing of any air contaminant or solid waste, or to operate said system or facility, or part thereof, so changed, added to, or extended until plans therefor shall have been submitted to the agency, and a written permit therefor shall have been granted by the agency.
116.082 BURNING LEAVES; LOCAL ORDINANCES.
Subject to sections 88.16, 88.17 and 88.22, but notwithstanding any law or rule to the contrary, a town or home rule charter or statutory city located outside the metropolitan area as defined in section 473.121, subdivision 2, by adoption of an ordinance, may permit the open burning of dried leaves within the boundaries of the town or city. The ordinance shall limit leaf burning to the period between September 15 and December 1 and shall set forth limits and conditions on leaf burning to minimize air pollution and fire danger and any other hazards or nuisance conditions. No open burning of leaves shall take place during an air pollution alert, warning or emergency declared by the agency. Any town or city adopting an ordinance pursuant to this section shall submit a copy of the ordinance to the agency and the Department of Natural Resources.
115A.1322 OTHER RECYCLING PROGRAMS.
A city, county, or other public agency may not require households to use public facilities to recycle their covered electronic devices to the exclusion of other lawful programs available. Cities, counties, and other public agencies, including those awarded contracts by the agency under section 115A.1314, subdivision 2, are encouraged to work with manufacturers to assist them in meeting their recycling obligations under section 115A.1318, subdivision 1. Nothing in sections 115A.1310 to 115A.1330 prohibits or restricts the operation of any program recycling covered electronic devices in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling covered electronic devices, provided that those persons are registered under section 115A.1312.
115A.1323 ANTICOMPETITIVE CONDUCT.
(a) A manufacturer that organizes collection or recycling under sections 115A.1310 to 115A.1322 is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement its chosen organized collection or recycling system and is immune from liability under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.
(b) An organization of manufacturers, an individual manufacturer, and its officers, members, employees, and agents who cooperate with a political subdivision that organizes collection or recycling under this section are authorized to engage in anticompetitive conduct to the extent necessary to plan and implement the organized collection or recycling system, provided that the political subdivision actively supervises the participation of each entity. An organization, entity, or person covered by this paragraph is immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.
116.091 SYSTEMS AND FACILITIES.
Any person operating any emission system or facility specified in chapter 114C or section 116.081, subdivision 1, when requested by the Pollution Control Agency, shall furnish to it any information which that person may have which is relevant to pollution or the rules or provisions of this chapter.
The agency or any employee or agent thereof, when authorized by it, may examine any books, papers, records or memoranda pertaining to the operation of any system or facility specified in subdivision 1.
Whenever the agency deems it necessary for the purposes of this chapter or chapter 114C, the agency or any member, employee, or agent thereof, when authorized by it, may enter upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations.
115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.
(a) The Department of Administration must ensure that acquisitions of video display devices under chapter 16C are in compliance with or not subject to sections 115A.1310 to 115A.1318.
(b) The solicitation documents must specify that the prospective responder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with paragraph (a) and sections 115A.1310 to 115A.1318.
(c) Any person awarded a contract under chapter 16C for purchase or lease of video display devices that is found to be in violation of paragraph (a) or sections 115A.1310 to 115A.1318 is subject to the following sanctions:
(1) the contract must be voided if the commissioner of administration determines that the potential adverse impact to the state is exceeded by the benefit obtained from voiding the contract;
(2) the contractor is subject to suspension and disbarment under Minnesota Rules, part 1230.1150; and
(3) if the attorney general establishes that any money, property, or benefit was obtained by a contractor as a result of violating paragraph (a) or sections 115A.1310 to 115A.1318, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit.
116.10 POLICY; LONG-RANGE PLAN; PURPOSE.
Consistent with the policy announced herein and the purposes of Laws 1963, chapter 874, the Pollution Control Agency shall prepare a long-range plan and program for the effectuation of said policy.
116.101 HAZARDOUS WASTE; CONTROL AND SPILL CONTINGENCY PLAN.
(a) The Pollution Control Agency shall study and investigate the problems of hazardous waste control and shall develop a statewide hazardous waste spill contingency plan detailing the location of hazardous waste facilities and storage sites throughout the state and the needs relative to the interstate transportation of hazardous waste.
(b) The statewide hazardous waste spill contingency plan shall be incorporated into the statewide hazardous waste management plans of the Pollution Control Agency. The Pollution Control Agency shall develop an informational reporting system of hazardous waste quantities generated, processed, and disposed of in the state.
116.11 EMERGENCY POWERS.
If there is imminent and substantial danger to the health and welfare of the people of the state, or of any of them, as a result of the pollution of air, land, or water, the commissioner may by emergency order direct the immediate discontinuance or abatement of the pollution without notice and without a hearing or at the request of the commissioner, the attorney general may bring an action in the name of the state in the appropriate district court for a temporary restraining order to immediately abate or prevent the pollution. The commissioner's order or temporary restraining order is effective until notice, hearing, and determination pursuant to other provisions of law, or, in the interim, as otherwise ordered. A final order of the commissioner in these cases is appealable in accordance with chapter 14.
(a) The commissioner may exercise the authority under paragraph (b) when the commissioner has evidence of any of the following:
(1) falsification of records;
(2) a history of noncompliance with schedules of compliance or terms of a stipulation agreement;
(3) chronic or substantial permit violations; or
(4) operating with or without a permit where there is evidence of danger to the health or welfare of the people of the state or evidence of environmental harm.
(b) When the commissioner has evidence of behavior specified in paragraph (a), regardless of the presence of imminent and substantial danger, the commissioner may investigate and may:
(1) suspend or revoke a permit;
(2) issue an order to cease operation or activities;
(3) require financial assurances;
(4) reopen and modify a permit to require additional terms;
(5) require additional agency oversight; or
(6) pursue other actions deemed necessary to abate pollution and protect human health.
115A.1326 REGULATING VIDEO DISPLAY DEVICES.
If the United States Environmental Protection Agency adopts regulations under the Resource Conservation and Recovery Act regarding the handling, storage, or treatment of any type of video display device being recycled, those regulations are automatically effective in this state on the same date and supersede any rules previously adopted by the agency regarding the handling, storage, or treatment of all video display devices being recycled.
115A.1328 MULTISTATE IMPLEMENTATION.
The agency and department are authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.
115A.1330 LIMITATIONS.
Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal laws, take effect that is applicable to all video display devices sold in the United States and establish a program for the collection and recycling or reuse of video display devices that is applicable to all video display devices discarded by households.
116.125 NOTIFICATION OF FEE INCREASES.
Before the Pollution Control Agency adopts a fee increase to cover an unanticipated shortfall in revenues, the commissioner shall give written notice of the proposed increase to the chairs of the senate Committee on Finance, the house of representatives Committee on Ways and Means, the senate and house of representatives committees having jurisdiction over environment and natural resources, and the senate and house of representatives committees having jurisdiction over environment and natural resources finance.
115B.25 DEFINITIONS.
The definitions in this section apply to sections 115B.25 to 115B.37.
Except when another fund or account is specified, "fund" means the remediation fund established in section 116.155.
"Agency" means the Pollution Control Agency.
"Compensable loss" means a loss that is compensable under section 115B.34.
"Eligible person" means a person who is eligible to file a claim with the fund under section 115B.29.
"Eligible personal injury" means personal injury that is eligible for compensation under section 115B.30.
"Eligible property damage" means property damage that is eligible for compensation under section 115B.30.
"Facility" has the meaning given it in section 115B.02, subdivision 5.
[Renumbered subd 1a]
"Harmful substance" means:
(1) any commercial chemical designated under the Federal Water Pollution Control Act, United States Code, title 33, section 1321(b)(2)(A);
(2) any hazardous air pollutant listed under the Clean Air Act, United States Code, title 42, section 7412;
(3) any hazardous waste;
(4) petroleum as defined in section 115C.02, subdivision 10; and
(5) pesticide as defined in chapter 18B, or fertilizer, plant amendment, or soil amendment as defined in chapter 18C.
"Hazardous waste" has the meaning given in section 115B.02, subdivision 9.
"Person" has the meaning given in section 115B.02, subdivision 12.
"Protected information" means information provided to the agency by a nongovernmental third party, or information provided to the agency by a governmental party if access to that information is protected under other law, that is relevant to a determination required of the agency under section 115B.33, subdivisions 1, clauses (2) to (4), and 2, clause (2).
(a) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment which occurred at a point in time or which continues to occur.
(b) "Release" does not include:
(1) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, watercraft, or pipeline pumping station engine;
(2) release of source, by-product, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, under United States Code, title 42, section 2014, if the release is subject to requirements with respect to financial protection established by the federal Nuclear Regulatory Commission under United States Code, title 42, section 2210;
(3) release of source, by-product, or special nuclear material from any processing site designated pursuant to the Uranium Mill Tailings Radiation Control Act of 1978, under United States Code, title 42, section 7912(a)(1) or 7942(a);
(4) discharges or designed venting of petroleum from a tank allowed under the rules of the Pollution Control Agency; or
(5) the use of a pesticide, fertilizer, plant amendment, or soil amendment in accordance with its labeling.
115B.26 PAYING CLAIMS.
[Repealed, 1995 c 220 s 141]
The amount necessary to pay claims of compensation granted by the agency under sections 115B.25 to 115B.37 must be directly appropriated to the agency from the fund by the legislature. The agency shall submit claims for compensation to the legislature at the next legislative session.
[Repealed by amendment, 2003 c 128 art 2 s 16]
At the end of each fiscal year, the agency shall submit a request to the Petroleum Tank Release Compensation Board for transfer to the fund from the petroleum tank release cleanup fund under section 115C.08, subdivision 5, of an amount equal to the compensation granted by the agency for claims related to petroleum releases plus administrative costs related to determination of those claims.
115.1701 DEFINITIONS.
For purposes of sections 115.1701 to 115.1707, the following terms have the meanings given them.
"Agency" means the Pollution Control Agency.
"Ballast water" means water taken on board a vessel to control trim, list, draft, stability, or stresses of the vessel, including matter suspended in the water, or any water placed into a ballast tank during cleaning, maintenance, or other operations.
"Ballast water management" means mechanical, physical, chemical, and biological processes used, either singularly or in combination, to remove, render harmless, or avoid the uptake or discharge of harmful aquatic organisms and pathogens within ballast water and sediment.
"Commissioner" means the commissioner of the Pollution Control Agency.
"Constructed" means a state of construction of a vessel at which the keel is laid, construction identifiable with the specific vessel begins, assembly of the vessel has begun comprising at least 50 tons or one percent of the estimated mass of all structural material of the vessel, whichever is less, or the vessel undergoes a major conversion.
"Foreign vessel" means a vessel of foreign registry or operated under the authority of a foreign country.
"Sediment" means matter that has settled out of ballast water within a vessel.
"State waters of Lake Superior" means the surface waters of Lake Superior and waters that discharge, flow, or otherwise are transferred into Lake Superior that are under the jurisdiction of the state.
115.1703 BALLAST WATER; MANAGEMENT PLAN.
(a) The operator of a vessel that is designed, constructed, or adapted to carry ballast water in state waters of Lake Superior shall conduct all ballast water management operations of the vessel according to a ballast water management plan that is designed to minimize the discharge of invasive species, meets the requirements prescribed by the commissioner under subdivision 2, and is approved by the commissioner.
(b) The owner or operator of a vessel required to have a ballast water management plan under paragraph (a) shall maintain a copy of the vessel's ballast water management plan on board at all times and keep the plan readily available for examination by the commissioner.
(a) The commissioner may not approve a ballast water management plan unless the commissioner determines that the plan:
(1) describes in detail the actions to be taken to implement ballast water management;
(2) describes in detail the procedures to be used for disposal of sediment at sea and on shore;
(3) describes in detail the safety procedures for the vessel and crew associated with ballast water management;
(4) designates the officer on board of the vessel in charge of ensuring that the plan is properly implemented;
(5) contains the reporting requirements for vessels as prescribed by the commissioner; and
(6) meets all other requirements prescribed by the commissioner.
(b) The commissioner may approve a ballast water management plan for a foreign vessel on the basis of a certificate of compliance with the criteria described in paragraph (a) issued by the vessel's country of registration according to standards established by the commissioner.
115A.142 REPORT TO LEGISLATURE AND GOVERNOR.
As part of the report required under section 115A.121, the commissioner of the Pollution Control Agency shall provide a report to the governor and the legislature on the implementation of section 115A.1415.
115.1705 BALLAST WATER RECORD BOOK.
The owner or operator of a vessel required to have a ballast water management plan under section 115.1703 shall maintain, in English, on board the vessel, a ballast water record book in which each operation of the vessel involving ballast water or sediment discharge is recorded as required by the commissioner. The ballast water record book shall be kept readily available for examination by the commissioner. In cases where a vessel is without a crew and being towed, the ballast water record book may be kept on the towing vessel.
(a) Except as provided in paragraph (b), a ballast water record book required in subdivision 1 shall be retained on board the vessel for three years after the date on which the last entry in the book is made and shall be retained under the control of the vessel's owner for an additional three years.
(b) The commissioner may prescribe alternative time periods for record retention by foreign vessels that are consistent with international practices.
(a) The commissioner shall require, at a minimum, that:
(1) each entry in the ballast water record book be signed and dated by the officer in charge of the ballast water operation recorded;
(2) each completed page in the ballast water record book be signed and dated by the owner or operator of the vessel; and
(3) the owner or operator of the vessel transmit any information to the commissioner regarding the ballast operations of the vessel as the commissioner may require.
(b) The commissioner may provide for alternative methods of record keeping, including electronic record keeping, to comply with the requirements of this section. Any electronic record keeping method authorized by the commissioner shall comply with applicable standards of the state and the National Institute of Standards and Technology governing reliability, integrity, identity authentication, and nonrepudiation of stored electronic data.
116.14 HAZARDOUS WASTE FACILITIES; LIABILITY OF GUARANTOR.
(a) If the owner or operator of a hazardous waste facility is in bankruptcy, reorganization, or arrangement under the Federal Bankruptcy Code or if jurisdiction in any state or federal court cannot with reasonable diligence be obtained over an owner or operator likely to be solvent at the time of judgment, a person having a claim arising from conduct for which evidence of financial responsibility must be provided under the rules adopted under section 116.07, subdivision 4b, may bring the claim directly against the guarantor providing the evidence of financial responsibility.
(b) For the purposes of this section, "guarantor" means any person other than the owner or operator who provides evidence of financial responsibility for that owner or operator.
(c) In an action against a guarantor under this section, the guarantor is entitled to invoke the rights and defenses that would have been available to the owner or operator if the action had been brought against the owner or operator and that would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator.
(d) In an action under this section, the total liability of a guarantor is limited to the aggregate amount that the guarantor has provided as evidence of financial responsibility to the owner or operator under the rules.
(e) Nothing in this section shall be construed to limit any other state or federal statutory, contractual, or common law liability of a guarantor to its owner or operator including the liability of the guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this section shall be construed to diminish the liability of any person under chapter 115B or the federal Superfund Act, United States Code, title 42, section 9601 et seq., or other applicable law.
115B.29 ELIGIBLE PERSONS.
A person may file a claim with the agency pursuant to this section for compensation for an eligible injury, or for eligible property damage that could reasonably have resulted from an exposure in Minnesota to a harmful substance released from a facility.
[Repealed, 1989 c 325 s 77]
115A.144 SHORT TITLE.
Sections 115A.144 to 115A.1463 may be cited as the "Packaging Waste and Cost Reduction Act."
115.1707 CONSULTATION AND COOPERATION.
The commissioner of natural resources shall cooperate to the fullest extent practicable with the Great Lakes Panel on Aquatic Nuisance Species to ensure development of standards for the control of invasive species that are broadly protective of the state waters of Lake Superior and other natural resources. The commissioner of the Pollution Control Agency shall serve as the alternate to the commissioner of natural resources if necessary.
In developing the permit process and any standards established under sections 115.1701 to 115.1707, the commissioner is encouraged to consult with the commissioners of commerce, agriculture, natural resources, and any other agency that the commissioner determines to be necessary to develop and implement an effective program for preventing the introduction and spread of invasive species through ballast water.
In developing the permit process and any standards established under sections 115.1701 to 115.1707, the commissioner is encouraged to consult with the government of Canada and any other government of a foreign country that the commissioner determines to be necessary to develop and implement an effective program for preventing the introduction and spread of invasive species through ballast water.
115B.30 ELIGIBLE INJURY AND DAMAGE.
(a) A personal injury which could reasonably have resulted from exposure to a harmful substance released from a facility where it was placed or came to be located is eligible for compensation from the fund if:
(1) it is a medically verified chronic or progressive disease, illness, or disability such as cancer, organic nervous system disorders, or physical deformities, including malfunctions in reproduction, in humans or their offspring, or death; or
(2) it is a medically verified acute disease or condition that typically manifests itself rapidly after a single exposure or limited exposures and the persons responsible for the release of the harmful substance are unknown or cannot with reasonable diligence be determined or located or a judgment would not be satisfied in whole or in part against the persons determined to be responsible for the release of the harmful substance.
(b) A personal injury is not compensable from the account if:
(1) the injury is compensable under the workers' compensation law, chapter 176;
(2) the injury arises out of the claimant's use of a consumer product;
(3) the injury arises out of an exposure that occurred or is occurring outside the geographical boundaries of the state;
(4) the injury results from the release of a harmful substance for which the claimant is a responsible person; or
(5) the injury is an acute disease or condition other than one described in paragraph (a).
Damage to real property in Minnesota owned by the claimant is eligible for compensation from the fund if the damage results from the presence in or on the property of a harmful substance released from a facility where it was placed or came to be located. Damage to property is not eligible for compensation from the fund if it results from the release of a harmful substance for which the claimant is a responsible person.
(a) A claim is not eligible for compensation from the fund unless it is filed with the agency within the time provided in this subdivision.
(b) A claim for compensation for personal injury must be filed within two years after the injury and its connection to exposure to a harmful substance was or reasonably should have been discovered.
(c) A claim for compensation for property damage must be filed within two years after the full amount of compensable losses can be determined.
(d) Notwithstanding the provisions of this subdivision, claims for compensation that would otherwise be barred by any statute of limitations provided in sections 115B.25 to 115B.37 may be filed not later than January 1, 1992.
116.163 AGENCY REVIEW; FINANCIAL ASSISTANCE AND BIDS.
The agency shall, pursuant to agency rules and within 90 days of receipt of a completed application for a wastewater treatment facility construction grant or loan, grant or deny the application and notify the municipality of the agency's decision. The time for consideration of the application by the agency may be extended up to 180 days if the municipality and the agency agree it is necessary.
A municipality shall complete all planning work required by the agency for award of a grant or loan, and be ready to advertise for bids for construction, within two years of receipt of grant or loan funds under subdivision 1. The planning time may be extended automatically by the amount of time the agency exceeds its 90-day review under subdivision 1.
After a municipality has accepted bids for construction of a wastewater treatment project, the agency must review the bids within 30 days of receipt.
115B.31 OTHER ACTIONS.
(a) A person who has settled a claim for an eligible injury or eligible property damage with a responsible person, either before or after bringing an action in court for that injury or damage, may not file a claim with the fund for the same injury or damage. A person who has received a favorable judgment in a court action for an eligible injury or eligible property damage may not file a claim with the fund for the same injury or damage, unless the judgment cannot be satisfied in whole or in part against the persons responsible for the release of the harmful substance. A person who has filed a claim with the agency or its predecessor, the Harmful Substance Compensation Board, may not file another claim with the agency for the same eligible injury or damage, unless the claim was inactivated by the agency or board as provided in section 115B.32, subdivision 1.
(b) A person who has filed a claim with the agency or board for an eligible injury or damage, and who has received and accepted an award from the agency or board, is precluded from bringing an action in court for the same eligible injury or damage.
(c) A person who files a claim with the agency for personal injury or property damage must include all known claims eligible for compensation in one proceeding before the agency.
The findings and decision of the agency are inadmissible in any court action. Protected information may not be used in any court action except to the extent that the information is otherwise available to a party or discovered under the applicable Rules of Civil or Criminal Procedure.
The state is subrogated to all the claimant's rights under statutory or common law to recover losses compensated from the fund from other sources, including responsible persons as defined in section 115B.03. The state may bring a subrogation action in its own name or in the name of the claimant. The state may not bring a subrogation action against a person who was a party in a court action by the claimant for the same eligible injury or damage, unless the claimant dismissed the action prior to trial. Money recovered by the state under this subdivision must be deposited in the fund. Nothing in sections 115B.25 to 115B.37 shall be construed to create a standard of recovery in a subrogation action.
A claimant may not commence a court action to recover for any injury or damage for which the claimant seeks compensation from the fund during the time that a claim is pending before the agency. A person may not file a claim with the agency for compensation for any injury or damage for which the claimant seeks to recover in a pending court action. The time for filing a claim under section 115B.30 or the statute of limitations for any civil action is suspended during the period of time that a claimant is precluded from filing a claim or commencing an action under this subdivision.
116.165 INSPECTION RESPONSIBILITY.
When a wastewater treatment plant is constructed with federal funds and a federal agency conducts inspections of the plant, the owner of the plant or the owner's designee must conduct inspections and forward all inspection documents required by the agency to the agency for its review.
115A.1442 ESTABLISHMENT OF PROGRAM.
Producers must implement and finance a statewide program for packaging and paper products in accordance with sections 115A.144 to 115A.1463 that encourages redesign to reduce the environmental impacts and human health impacts and that reduces generation of covered materials waste through waste reduction, reuse, recycling, and composting and by providing for the collection, transportation, and processing of used covered materials for reuse, recycling, and composting.
115B.32 CLAIM FOR COMPENSATION.
A claim for compensation from the fund must be filed with the agency in the form required by the agency. When a claim does not include all the information required by subdivision 2 and applicable agency rules, the agency staff shall notify the claimant of the absence of the required information within 14 days of the filing of the claim. All required information must be received by the agency not later than 60 days after the claimant received notice of its absence or the claim will be inactivated and may not be resubmitted for at least one year following the date of inactivation. The agency may decide not to inactivate a claim under this subdivision if it finds serious extenuating circumstances.
A claimant must provide the following information as part of the claim, provided that nothing in this chapter shall be construed to require the claimant to initiate a court action before filing a claim:
(1) a sworn verification by the claimant of the facts set forth in the claim to the best of the claimant's knowledge;
(2) evidence that the claimant is an eligible person;
(3) evidence of the claimant's exposure to a named harmful substance;
(4) evidence that the claimant's exposure to the substance in the amount and duration experienced by the claimant could reasonably have been caused or significantly contributed to by the release of a harmful substance from a facility where the substance was placed or came to be located, to the extent the information is available to the claimant;
(5) evidence that the exposure experienced by the claimant can cause or can significantly contribute to the injury suffered by the claimant;
(6) evidence of the injury eligible for compensation suffered by the claimant and the compensable losses resulting from the injury;
(7) evidence of any property damage eligible for compensation and the amount of compensable losses resulting from the damage;
(8) information regarding any collateral sources of compensation; and
(9) other information required by the rules of the agency.
In any case in which death is claimed as a compensable injury, the claim may be brought on behalf of the claimant by the claimant's estate for compensable medical expenses and by the claimant's trustee for death benefits for the claimant's dependents as defined in section 176.111.
115B.33 CLAIM STANDARDS.
The agency shall grant compensation to a claimant who shows that it is more likely than not that:
(1) the claimant suffers a medically verified injury that is eligible for compensation from the fund and that has resulted in a compensable loss;
(2) the claimant has been exposed to a harmful substance;
(3) the release of the harmful substance from a facility where the substance was placed or came to be located could reasonably have resulted in the claimant's exposure to the substance in the amount and duration experienced by the claimant; and
(4) the injury suffered by the claimant can be caused or significantly contributed to by exposure to the harmful substance in an amount and duration experienced by the claimant.
The agency shall grant compensation to a claimant who shows that it is more likely than not that:
(1) the claimant has suffered property damage that is eligible for compensation and that has resulted in compensable loss; and
(2) the presence of the harmful substance in or on the property could reasonably have resulted from the release of the harmful substance from a facility where the substance was placed or came to be located.
115A.1445 COMMISSIONER RESPONSIBILITIES.
The commissioner must:
(1) appoint the initial membership of the advisory board by January 1, 2025, as required under section 115A.1444;
(2) provide administrative and operating support to the advisory board, as required under section 115A.1444, subdivision 10;
(3) complete a preliminary assessment by December 31, 2025, and complete an initial needs assessment by December 31, 2026, and update the needs assessment every five years thereafter, as required under section 115A.1450;
(4) approve stewardship plans and amendments to stewardship plans according to section 115A.1451;
(5) provide lists established according to the requirements of section 115A.1453 to all producer responsibility organizations by July 1, 2028;
(6) establish statewide requirements as required under section 115A.1451, subdivision 7;
(7) post on the agency's website:
(i) the most recent registration materials submitted by producer responsibility organizations, including all information submitted under section 115A.1443, subdivision 1, paragraph (a), clauses (1), (2), and (4);
(ii) a list of registered service providers;
(iii) the most recent needs assessments;
(iv) any stewardship plan or amendment submitted by a producer responsibility organization under section 115A.1451 that is in draft form during the public comment period;
(v) the most recent lists established as required under section 115A.1453;
(vi) the list of exempt materials and covered materials exempt from performance targets and statewide requirements as approved in the stewardship plan;
(vii) links to producer responsibility organization websites;
(viii) comments of the public, advisory board, and producer responsibility organizations on the documents listed in items (iii) to (vi), and, if any, the responses of the commissioner to those comments; and
(ix) links to adopted rules implementing sections 115A.144 to 115A.1463;
(8) provide producer responsibility organizations with information regarding Minnesota and federal laws that prohibit toxic substances in covered materials, toxic substances' potential environmental impacts and human health impacts, and best practices to reduce intentionally added toxic substances as identified in the needs assessment;
(9) approve the selection of independent auditors to perform an annual financial audit of each producer responsibility organization; and
(10) consider and respond in writing to all written comments received from the advisory board.
115A.1446 PRODUCER RESPONSIBILITY ADVISORY BOARD RESPONSIBILITIES.
The Producer Responsibility Advisory Board must:
(1) convene its initial meeting by March 1, 2025;
(2) consult with the commissioner regarding the scope of the needs assessments and provide written comments on needs assessments, as required under section 115A.1450, subdivision 2;
(3) advise on the development of stewardship plans and amendments to stewardship plans under section 115A.1451;
(4) submit comments to producer responsibility organizations and to the commissioner on any matter relevant to the administration of sections 115A.144 to 115A.1463;
(5) provide written comments to the commissioner during any rulemaking process undertaken by the commissioner under section 115A.1459; and
(6) comply with all other applicable requirements of sections 115A.144 to 115A.1463.
115B.35 DETERMINING CLAIMS.
[Repealed, 2002 c 379 art 2 s 24]
In making a final decision under this section, the agency shall examine protected information outside of the presence of the claimant, the claimant's attorney, or any other person except agency staff. The agency, the agency's staff, and any other person who obtains access to protected information under this section may not reveal protected information to any person except as provided in this section.
In the determination of a claim, the agency may admit and give probative effect to evidence that possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The agency shall give effect to the rules of privilege recognized by law. The agency may exclude incompetent, irrelevant, immaterial, and repetitious evidence.
The agency shall review all materials filed in support of the claim and may cause an investigation to be conducted into the validity of the claim. The agency may make a preliminary decision on the basis of the papers filed in support of the claim and the report of any investigation of it. The decision must be in writing and include the reasons for the decision, subject to the limitations on disclosure of protected information.
[Repealed, 2002 c 379 art 2 s 24]
[Repealed, 2002 c 379 art 2 s 24]
Any appearance by a claimant or witnesses must be tape recorded but a formal record pursuant to chapter 14 is not required.
A final decision of the agency made under this section is conclusive on all matters decided. There is no right to judicial review of a final decision of the agency.
An agency member, agency staff person, or other person who reveals protected information in violation of this section is subject to the civil remedies contained in section 13.08 and the penalties in section 13.09.
115B.36 AMOUNT AND FORM OF PAYMENT.
(a) If the agency decides to grant compensation, it shall determine the net uncompensated loss payable to the claimant by computing the total amount of compensable losses payable to the claimant and subtracting the total amount of any compensation received by the claimant for the same injury or damage from other sources including, but not limited to, all forms of insurance and Social Security and any emergency award made by the agency. The agency shall pay compensation in the amount of the net uncompensated loss, provided that no claimant may receive more than $250,000. In the case of a death, the total amount paid to all persons on behalf of the claimant may not exceed $250,000.
(b) Compensation from the fund may be awarded in a lump sum or in installments at the discretion of the agency.
115A.1448 PRODUCER RESPONSIBILITIES.
(a) After July 1, 2025, a producer must be a member of a producer responsibility organization registered in this state.
(b) After January 1, 2029, no producer may introduce covered materials, either separately or when used to package another product, unless the producer enters into a written agreement with a producer responsibility organization to operate under an approved stewardship plan.
(c) After January 1, 2032, no producer may introduce covered materials unless covered services are provided for the covered materials through a program in a stewardship plan approved by the commissioner and the covered materials are:
(1) reusable and capable of being managed through a reuse system that meets the reuse rate and return rate required under section 115A.1451, subdivision 7;
(2) capable of refill and supported by a refill system;
(3) included on the list established under section 115A.1453, subdivision 1; or
(4) included on the list established under section 115A.1453, subdivision 2.
(d) A producer responsibility organization may petition the commissioner for a two-year extension to comply with the requirements of paragraph (c). The commissioner may approve the extension if the petition demonstrates that market or technical issues prevent a specific covered material from being considered reusable or included on the lists established under section 115A.1453. The producer responsibility organization may petition the commissioner for additional annual extensions until January 1, 2040, if the producer responsibility organization demonstrates that market or technical issues preventing compliance persist.
A producer must:
(1) implement the requirements of the stewardship plan under which the producer operates;
(2) pay producer fees under section 115A.1454; and
(3) comply with all other applicable requirements of sections 115A.144 to 115A.1463.
115B.37 ATTORNEY FEES.
The agency may by rule limit the fee charged by any attorney for representing a claimant before the agency.
116.182 FINANCIAL ASSISTANCE PROGRAM.
(a) For the purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Agency" means the Pollution Control Agency.
(c) "Authority" means the Public Facilities Authority established in section 446A.03.
(d) "Commissioner" means the commissioner of the Pollution Control Agency.
(e) "Essential project components" means those components of a wastewater disposal system that are necessary to convey or treat a municipality's existing wastewater flows and loadings.
(f) "Municipality" means a county, home rule charter or statutory city, town, the Metropolitan Council, an Indian tribe or an authorized Indian tribal organization; or any other governmental subdivision of the state responsible by law for the prevention, control, and abatement of water pollution in any area of the state.
(g) "Outstanding international resource value waters" are the surface waters of the state in the Lake Superior Basin, other than class 7 waters and those waters designated as outstanding resource value waters.
(h) "Outstanding resource value waters" are those that have high water quality, wilderness characteristics, unique scientific or ecological significance, exceptional recreation value, or other special qualities that warrant special protection.
This section governs the commissioner's certification of projects seeking financial assistance under section 103F.725, subdivision 1a; 446A.07; 446A.072; or 446A.073.
The commissioner shall review a municipality's proposed project to determine whether it meets the criteria in this section and the rules adopted under this section. The review must include a determination of the essential project components for wastewater treatment projects.
[Repealed, 2014 c 248 s 19]
The commissioner shall certify to the authority each approved project, including for wastewater treatment projects a statement of the essential project components and associated costs.
The agency shall adopt rules for the administration of the financial assistance program. For wastewater treatment projects, the rules must include:
(1) application requirements;
(2) criteria for the ranking of projects in order of priority based on factors including the type of project and the degree of environmental impact, and scenic and wild river standards; and
(3) criteria for determining essential project components.
As the projects in the programs specified under section 116.18, except the program under subdivision 3c of that section, are completed, any amounts remaining from appropriations for the programs are appropriated to the authority for the wastewater infrastructure funding program in section 446A.072, provided this use of the funds does not violate applicable provisions of any bond or note resolutions, indentures, or other instruments, contracts, or agreements associated with the source of the funds.