reglab/housing_qa huggingface dataset:
MN Stat § 115B.408 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.408 — Depositing Proceeds.

115B.408 DEPOSITING PROCEEDS. All amounts paid to the state under sections 115B.406 and 115B.407 must be deposited in the state treasury and credited to the remediation fund. History:   2017 c 93 art 2 s 128
MN Stat § 115B.414 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.414 — Third-party Claims; Mediation; Defense.

115B.414 THIRD-PARTY CLAIMS; MEDIATION; DEFENSE. Subdivision 1. Third-party claims; definition. For the purposes of this section, "third-party claims" means claims made against mixed municipal solid waste generators by a responsible person or group of responsible persons under state or federal law for payment of response costs and related costs at a qualified facility, when the claimant or claimants do not produce evidence, other than statistical or circumstantial evidence, that the persons against whom the claims are made ever arranged for disposal or transported for disposal mixed municipal solid waste containing a hazardous substance or pollutant or contaminant to the facility. Subd. 2. Mediation. A third-party claim or group of third-party claims that all arise from the same facility may be submitted to the Minnesota Office of Dispute Resolution for mediation under the Minnesota Civil Mediation Act, sections 572.31 to 572.40. The costs of mediation must be allocated equally between the person or persons against whom the claims are made and the person or persons making the claims. Subd. 3. Partial reimbursement. A person or persons against whom one or more third-party claims are made may seek reimbursement from the commissioner of one-half of the costs of mediation allocated to the person or persons under subdivision 2. The commissioner shall reimburse the person or persons that request reimbursement unless the commissioner finds that the mediation was not entered into and conducted in good faith by the person or persons seeking reimbursement. Subd. 4. Defense costs. If a person or persons against whom one or more third-party claims are made request the person or persons making the claims to submit the claims to mediation and the claimants refuse to submit to mediation or if the person or persons against whom third-party claims are made enter into and conduct the mediation in good faith but the mediation fails to resolve the claims, the person or persons, in cooperation with other persons against whom third-party claims have been made that arise from the same facility, may retain legal counsel to defend them against the claims and may seek partial reimbursement from the commissioner for reasonable attorney fees. The commissioner shall provide partial reimbursement for reasonable attorney fees under this subdivision of $75 per hour for a maximum number of hours to be established by the commissioner by rule. The maximum number of hours for reimbursement must increase as the number of persons who collectively retain legal counsel to defend against related claims increases but need not increase proportionately to the increase in the number of persons seeking collective defense. Under no circumstances may a person or group of persons receive reimbursement of more than 75 percent of their reasonable attorney fees under this subdivision. History:   1994 c 639 art 1 s 8
MN Stat § 115B.42 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.42 — Remediation Fund.

115B.42 REMEDIATION FUND. Subdivision 1.  [Repealed, 2003 c 128 art 2 s 56] Subd. 2. Expenditures. The commissioner may spend money from the remediation fund under section 116.155, subdivision 2, paragraph (a), clause (2), to: (1) inspect permitted mixed municipal solid waste disposal facilities to: (i) evaluate the adequacy of final cover, slopes, vegetation, and erosion control; (ii) determine the presence and concentration of hazardous substances, pollutants or contaminants, and decomposition gases; and (iii) determine the boundaries of fill areas; (2) monitor and take, or reimburse others for, environmental response actions, including emergency response actions, at qualified facilities; (3) acquire and dispose of property under section 115B.412, subdivision 3; (4) recover costs under section 115B.39; (5) administer, including providing staff and administrative support for, sections 115B.39 to 115B.445; (6) enforce sections 115B.39 to 115B.445; (7) pay for private water supply well monitoring and health assessment costs of the commissioner of health in areas affected by unpermitted mixed municipal solid waste disposal facilities; (8) reimburse persons under section 115B.43; (9) reimburse mediation expenses up to a total of $250,000 annually or defense costs up to a total of $250,000 annually for third-party claims for response costs under state or federal law as provided in section 115B.414; and (10) perform environmental assessments, up to $1,000,000, at unpermitted mixed municipal solid waste disposal facilities. History:  1992 c 513 art 2 s 26; 1993 c 172 s 71; 1994 c 639 art 3 s 1,2; 1995 c 185 s 3; 1995 c 220 s 102; 1997 c 7 art 1 s 35; 1999 c 231 s 142; 2003 c 128 art 2 s 29
MN Stat § 115B.421 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.421 — Closed Landfill Investment Fund.

115B.421 CLOSED LANDFILL INVESTMENT FUND. (a) The closed landfill investment fund is established in the state treasury. The fund consists of money credited to the fund and interest and other earnings on money in the fund. Funds must be deposited as described in section 115B.445. The fund must be managed to maximize long-term gain through the State Board of Investment. (b) Each fiscal year, up to $4,500,000 is appropriated from the closed landfill investment fund to the commissioner for the purposes of sections 115B.39 to 115B.444. (c) If the commissioner determines that a release or threatened release from a qualified facility for which the commissioner has assumed obligations for environmental response actions under section 115B.40 or 115B.406 constitutes an emergency requiring immediate action to prevent, minimize, or mitigate damage either to the public health or welfare or the environment or to a system designed to protect the public health or welfare or the environment, up to $9,000,000 in addition to the amount appropriated under paragraph (b) is appropriated to the commissioner in the first year of the biennium and may be spent by the commissioner to take reasonable and necessary emergency response actions. Money not spent in the first year of the biennium may be spent in the second year. If money is appropriated under this paragraph, the commissioner must notify the chairs of the senate and house of representatives committees having jurisdiction over environment policy and finance as soon as possible. The commissioner must maintain the fund balance to ensure long-term viability of the fund and reflect the responsibility of the landfill cleanup program in perpetuity. (d) Paragraphs (b) and (c) expire June 30, 2025. History:  1999 c 231 s 143; 2003 c 128 art 2 s 30; 2009 c 101 art 2 s 109; 2013 c 114 art 4 s 82; 1Sp2021 c 6 art 2 s 97
MN Stat § 115B.431 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.431 — Closed Landfill Solar Redevelopment And Reuse Account.

115B.431 CLOSED LANDFILL SOLAR REDEVELOPMENT AND REUSE ACCOUNT. Subdivision 1. Establishment. The closed landfill solar redevelopment and reuse account is established as an account in the remediation fund. Subd. 2. Revenues. The account consists of money from: (1) revenue from lease payments received from a utility or other entity that is leasing a portion of a closed landfill site managed by the Pollution Control Agency to install a solar energy generating system; (2) appropriations and transfers to the account as provided by law; and (3) interest earned on the account. Subd. 3. Expenditures. Money in the account, including any interest accrued, must be used to facilitate reuse and redevelopment for solar projects located at closed landfill sites managed by the Pollution Control Agency under sections 115B.39 to 115B.445. History:   1Sp2021 c 4 art 8 s 3
MN Stat § 115B.441 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.441 — Insurance Claims Settlement And Recovery Process; Findings And Purpose.

115B.441 INSURANCE CLAIMS SETTLEMENT AND RECOVERY PROCESS; FINDINGS AND PURPOSE. (a) The legislature finds that: (1) insurers have issued certain insurance policies to their policyholders that may have provided coverage for environmental response costs related to qualified facilities for which their policyholders bear legal responsibility; (2) because the commissioner is required by law to take over responsibility for environmental response actions relating to all qualified facilities, any rights to coverage based upon the insurers' contractual obligations to their policyholders to pay environmental response costs that are assumed by the state related to these facilities, to the extent the obligations may exist, are rights that should fairly accrue to the state; and (3) the resolution of these potential insurance coverage rights should provide a fair share of the cost to the state of taking over these environmental responsibilities consistent with the insurers' potential coverage obligations to their policyholders. (b) The purposes of sections 115B.441 to 115B.445 are: (1) to provide the means for the state and insurers to resolve claims of the state for environmental response costs related to qualified facilities that may be covered by insurance policies of persons who bear legal responsibility for those costs; and (2) to create a fair and efficient settlement process that provides insurers with an opportunity to settle claims based upon a reasonable approximation of the insurers' potential coverage exposure and a fair opportunity for the state to recover claims by legal action from nonsettling insurers. History:   1996 c 370 s 1
MN Stat § 115B.445 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.445 — Depositing Proceeds.

115B.445 DEPOSITING PROCEEDS. All amounts paid to the state by an insurer pursuant to any settlement under section 115B.443 or judgment under section 115B.444 must be deposited in the state treasury and credited equally to the remediation fund and the closed landfill investment fund. History:  1996 c 370 s 5; 2003 c 128 art 2 s 31
MN Stat § 115B.47 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.47 — Citation.

115B.47 CITATION. Sections 115B.47 to 115B.51 may be cited as the "Dry Cleaner Environmental Response and Reimbursement Law." History:   1995 c 252 s 1
MN Stat § 115B.491 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.491 — Dry Cleaning Facility Use Fee; Facilities To File Return.

115B.491 DRY CLEANING FACILITY USE FEE; FACILITIES TO FILE RETURN. Subdivision 1. Use fee. A dry cleaning facility that purchases dry cleaning solvents for use in Minnesota without paying the seller of dry cleaning solvents the fee under section 115B.49, subdivision 4, paragraph (b), is subject to an equivalent fee. Liability for the fee is incurred when dry cleaning solvents are received in Minnesota by the dry cleaning facility. Subd. 2. Return required. On or before the 20th of each calendar month, every dry cleaning facility that has purchased dry cleaning solvents for use in this state during the preceding calendar month, upon which the fee imposed by section 115B.49, subdivision 4, paragraph (b), has not been paid to the seller of the dry cleaning solvents, shall file a return with the commissioner of revenue showing the quantity of solvents purchased and a computation of the fee under section 115B.49, subdivision 4, paragraph (c). The fee must accompany the return. The return must be made upon a form furnished and prescribed by the commissioner of revenue and must contain such other information as the commissioner of revenue may require. Subd. 3. Applicability. All of the provisions of section 115B.49, subdivision 4, paragraph (c), apply to this section. History:  1996 c 471 art 2 s 5; 1999 c 250 art 3 s 16,17
MN Stat § 115B.492 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.492 — Allocating Payment.

115B.492 ALLOCATING PAYMENT. In the discretion of the commissioner of revenue, payments received for fees may be credited first to the oldest liability not secured by a judgment or lien. For liabilities to which payments are applied, the commissioner of revenue may credit payments first to penalties, next to interest, and then to the fee due. History:   1996 c 471 art 2 s 6
MN Stat § 115B.51 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.51 — Illegal Actions.

115B.51 ILLEGAL ACTIONS. The commissioner may recover under section 115B.17, subdivision 6, that portion of the environmental response costs at a dry cleaning facility that is attributable to a person who otherwise would be responsible for the release or threatened release under section 115B.03, and whose actions related to the release or threatened release were in violation of federal or state hazardous waste management laws in effect at the time of those actions. History:   1995 c 252 s 5
MN Stat § 115B.52 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.52 — Water Quality And Sustainability Account.

115B.52 WATER QUALITY AND SUSTAINABILITY ACCOUNT. Subdivision 1. Definitions. (a) For purposes of this section and section 115B.53, the following terms have the meanings given. (b) "East metropolitan area" includes but is not limited to the cities of Woodbury, Oakdale, Lake Elmo, Cottage Grove, St. Paul Park, Afton, and Newport and the townships of West Lakeland and Grey Cloud Island. (c) "Settlement" means the agreement and order entered on February 20, 2018, settling litigation commenced by the state against the 3M Company under section 115B.17, subdivision 7. Subd. 2. Establishment. The water quality and sustainability account is established as an account in the remediation fund. The account consists of revenue deposited in the account under the terms of the settlement and earnings on the investment of money in the account. Money in the account may be invested through the State Board of Investment. Subd. 3. Expenditures. Money in the account is appropriated to the commissioner of the Pollution Control Agency and to the commissioner of natural resources for the purposes authorized under the settlement. Subd. 4. Reporting. The commissioner of the Pollution Control Agency and the commissioner of natural resources must jointly submit: (1) by April 1, 2019, an implementation plan detailing how the commissioners will: (i) determine how the priorities in the settlement will be met and how the spending will move from the first priority to the second priority and the second priority to the third priority outlined in the settlement; and (ii) evaluate and determine what projects receive funding; (2) by February 1 and August 1 each year, a biannual report to the chairs and ranking minority members of the legislative policy and finance committees with jurisdiction over environment and natural resources on expenditures from the water quality and sustainability account during the previous six months; and (3) by August 1, 2019, and each year thereafter, a report to the legislature on expenditures from the water quality and sustainability account during the previous fiscal year and a spending plan for anticipated expenditures from the account during the current fiscal year. Subd. 5. Local approval. The commissioner of the Pollution Control Agency or commissioner of natural resources must receive approval from the local unit of government prior to assuming control or otherwise operating an existing municipal water supply operation in the east metropolitan area. History:   2018 c 204 s 1
MN Stat § 115B.53 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.53 — Water Quality And Sustainability Stakeholders.

115B.53 WATER QUALITY AND SUSTAINABILITY STAKEHOLDERS. The commissioner of the Pollution Control Agency and the commissioner of natural resources must work with stakeholders to identify and recommend projects to receive funding from the water quality and sustainability account under the settlement. Stakeholders include, at a minimum, representatives of the agency, the Department of Natural Resources, east metropolitan area municipalities, and the 3M Company. The commissioners must establish a process to solicit and evaluate the recommendations from municipalities in the east metropolitan area as defined in section 115B.52. History:   2018 c 204 s 2
MN Stat § 115C.01 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115C — Petroleum Tank Release Cleanup|Section 115C.01 — Citation.

115C.01 CITATION. This chapter may be cited as the "Petroleum Tank Release Cleanup Act." History:  1987 c 389 s 1; 1992 c 490 s 1
MN Stat § 115C.04 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115C — Petroleum Tank Release Cleanup|Section 115C.04 — Liability For Response Costs.

115C.04 LIABILITY FOR RESPONSE COSTS. Subdivision 1. Corrective action liability. (a) A responsible person is liable for the cost of the corrective action taken by the agency under section 115C.03, subdivisions 2 and 3, including the cost of investigating the release and administrative and legal expenses, if: (1) the responsible person has failed to take a corrective action ordered by the commissioner and the agency has taken the action; (2) the agency has taken corrective action in an emergency under section 115C.03, subdivision 3; or (3) the agency has taken corrective action because a responsible person could not be identified. (b) A responsible person is liable for the reimbursement paid by the Petroleum Tank Release Compensation Board under section 115C.09, subdivision 3a, to the extent the reimbursement is for corrective action that the responsible person could have been ordered to perform under section 115C.03, subdivision 1. Subd. 2. Avoidance of liability. (a) A responsible person may not avoid the liability by means of a conveyance of any right, title, or interest in real property; or by any indemnification, hold harmless agreement, or similar agreement. (b) This subdivision does not: (1) prohibit a person who may be liable from entering an agreement by which the person is insured, held harmless, or indemnified for part or all of the liability; (2) prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or (3) bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise. Subd. 3.  Cost recovery; subrogation. Reasonable and necessary expenses incurred by the agency in taking a corrective action, including costs of investigating a release, administrative and legal expenses, and reimbursement costs described in subdivision 1, paragraph (b), may be recovered in a civil action in district court brought by the attorney general on behalf of the board against a responsible person. The agency's certification of expenses is prima facie evidence that the expenses are reasonable and necessary. If the responsible person has petroleum tank leakage or spill insurance coverage that insures against the liability provided in this section, the board is subrogated to the rights of the responsible person with respect to that insurance coverage, to the extent of the expenses incurred by the agency and described in this subdivision. The board may request the attorney general to bring an action in district court against the insurer to enforce this subrogation right. Expenses that are recovered under this section must be deposited in the fund. History:  1987 c 186 s 15; 1987 c 389 s 4; 1988 c 683 s 2,3; 1989 c 335 art 4 s 106; 1991 c 294 s 1; 1995 c 220 s 130; 2008 c 296 art 1 s 1
MN Stat § 115C.045 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115C — Petroleum Tank Release Cleanup|Section 115C.045 — Kickbacks.

115C.045 KICKBACKS. A consultant or contractor, as a condition of performing services, may not agree to pay or forgive the nonreimbursable portion of an application for reimbursement submitted under this chapter. An applicant may not accept forgiveness or demand payment from a consultant or contractor for the nonreimbursable portion of an application for reimbursement submitted under this chapter. History:   1992 c 490 s 6
MN Stat § 115C.05 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115C — Petroleum Tank Release Cleanup|Section 115C.05 — Civil Penalty.

115C.05 CIVIL PENALTY. The agency may enforce section 115C.03 using the actions and remedies authorized under sections 115.071, subdivision 3, and 116.072. The civil penalties recovered by the state must be credited to the fund. History:  1987 c 389 s 5; 1991 c 347 art 1 s 7
MN Stat § 115C.06 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115C — Petroleum Tank Release Cleanup|Section 115C.06 — Effect On Other Law.

115C.06 EFFECT ON OTHER LAW. Subdivision 1. Actions under chapter 115B. This chapter does not limit any actions initiated by the agency under chapter 115B. Subd. 2. Duty to notify and take action for release. This chapter does not limit a person's duty to notify the agency and take action related to a release as provided in section 115.061. History:  1987 c 389 s 6; 1996 c 308 s 4
MN Stat § 115C.065 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115C — Petroleum Tank Release Cleanup|Section 115C.065 — Consultant Or Contractor; Duty To Notify.

115C.065 CONSULTANT OR CONTRACTOR; DUTY TO NOTIFY. A consultant or contractor involved in the removal of a petroleum tank shall immediately notify the agency if field instruments or laboratory tests indicate the presence of any petroleum contamination in excess of state guidelines. History:   1992 c 490 s 7