reglab/housing_qa huggingface dataset:
MN Stat § 115B.177 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.177 — Owner Of Real Property Affected By Off-site Release.

115B.177 OWNER OF REAL PROPERTY AFFECTED BY OFF-SITE RELEASE. Subdivision 1. Determination or agreement by commissioner. (a) The commissioner may issue a written determination or enter into an agreement to take no action under sections 115B.01 to 115B.18 against a person who owns real property subject to a release of a hazardous substance, or pollutant or contaminant, if the commissioner finds that the release originates from a source on adjacent or nearby real property and that the person is not otherwise responsible for the release. (b) A determination issued or agreement entered into under this section must be conditioned upon the following: (1) agreement by the person to allow entry upon the property to the commissioner and the authorized representatives of the commissioner to take response actions to address the release, including in appropriate cases an agreement to grant easements to the state for that purpose; (2) agreement by the person to avoid any interference with the response actions to address the release taken by or at the direction of the agency or the commissioner, and to avoid actions that contribute to the release; (3) invalidation of the determination or agreement if the commissioner receives new information indicating that the property owned by the person is a source of the release or that the person is otherwise responsible for the release; and (4) any other condition that the commissioner deems reasonable and necessary to ensure that the agency and commissioner can adequately respond to the release. Subd. 2. Scope and effect of determination or agreement. (a) A determination issued or agreement entered into under this section may extend to the successors and assigns of the person to whom it originally applies, if the successors and assigns are not otherwise responsible for the release and are bound by the conditions in the determination or agreement. (b) Issuance of a determination or execution of an agreement under this section does not affect the authority of the agency or commissioner to take any response action under sections 115B.01 to 115B.18 with respect to the release subject to the determination or agreement, or to take administrative or judicial action under those sections with respect to persons not bound by the determination or agreement. History:   1992 c 512 s 3
MN Stat § 115B.178 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.178 — Association With Release; Commissioner's Determination.

115B.178 ASSOCIATION WITH RELEASE; COMMISSIONER'S DETERMINATION. Subdivision 1. Determination. (a) The commissioner may issue determinations that certain actions proposed to be taken at real property subject to a release or threatened release of a hazardous substance or pollutant or contaminant will not constitute conduct associating the person with the release or threatened release for the purpose of section 115B.03, subdivision 3, paragraph (a), clause (4). Proposed actions that may be covered by a determination under this section include response actions approved by the commissioner to address the release or threatened release, actions to improve or develop the real property, loans secured by the real property, or other similar actions. A determination may be subject to terms and conditions deemed reasonable by the commissioner. When a person takes actions in accordance with a determination issued under this subdivision, the actions do not associate the person with the release for the purpose of section 115B.03, subdivision 3, paragraph (a), clause (4). (b) The commissioner may also issue a determination under paragraph (a) that certain actions taken in the past at the real property did not constitute conduct associating the person requesting the determination with the release or threatened release for purposes of section 115B.03, subdivision 3, paragraph (a), clause (4). The person requesting a determination under this paragraph shall conduct an investigation approved by the commissioner that identifies the nature and extent of the release or threatened release or shall take response actions in accordance with a response action plan approved by the commissioner. Any such determination shall be limited to the represented facts of the past actions and shall not apply to actions that are not represented or disclosed. The determination may be subject to such other terms and conditions as the commissioner deems reasonable. Subd. 2. Scope and effect of determination. Section 115B.177, subdivision 2, applies to a determination by the commissioner under this section. History:  1993 c 287 s 4; 1994 c 639 art 4 s 1; 1995 c 168 s 6
MN Stat § 115B.179 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.179 — Commissioner's Authority Not Limited.

115B.179 COMMISSIONER'S AUTHORITY NOT LIMITED. The commissioner's authority to make a determination or enter into an agreement under section 115B.177 and to make a determination under section 115B.178 does not limit or preclude any other authority of the commissioner under any law. History:   1993 c 287 s 5
MN Stat § 115B.19 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.19 — Purpose Of Remediation Fund.

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. History:  1983 c 121 s 19; 1989 c 335 art 4 s 106; 2003 c 128 art 2 s 11
MN Stat § 115B.26 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.26 — Paying Claims.

115B.26 PAYING CLAIMS. Subdivision 1.  [Repealed, 1995 c 220 s 141] Subd. 2. Appropriation. 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. Subd. 3.  [Repealed by amendment, 2003 c 128 art 2 s 16] Subd. 4. Transfer request. 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. History:  1Sp1985 c 8 s 5; 1989 c 325 s 40; 1989 c 335 art 4 s 43; 1991 c 199 art 1 s 20,21; 1995 c 220 s 100; 1995 c 254 art 1 s 96; 2002 c 379 art 2 s 4; 2003 c 128 art 2 s 16
MN Stat § 115B.29 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.29 — Eligible Persons.

115B.29 ELIGIBLE PERSONS. Subdivision 1. Personal injury and certain property claims. 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. Subd. 2.  [Repealed, 1989 c 325 s 77] History:  1Sp1985 c 8 s 8; 1989 c 325 s 43; 2002 c 379 art 2 s 6
MN Stat § 115B.30 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.30 — Eligible Injury And Damage.

115B.30 ELIGIBLE INJURY AND DAMAGE. Subdivision 1. Eligible personal injury. (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). Subd. 2. Eligible property damage. 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. Subd. 3. Time for filing claim. (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. History:  1Sp1985 c 8 s 9; 1989 c 325 s 44,78; 1989 c 335 art 4 s 106; 1991 c 199 art 1 s 22; 2002 c 379 art 2 s 7; 2003 c 128 art 2 s 17
MN Stat § 115B.32 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.32 — Claim For Compensation.

115B.32 CLAIM FOR COMPENSATION. Subdivision 1. Form. 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. Subd. 2. Required information. 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. Subd. 3. Death claims. 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. History:  1Sp1985 c 8 s 11; 1989 c 325 s 78; 1991 c 199 art 1 s 24; 2002 c 379 art 2 s 11; 2003 c 128 art 2 s 21
MN Stat § 115B.33 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.33 — Claim Standards.

115B.33 CLAIM STANDARDS. Subdivision 1. Standard for personal injury. 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. Subd. 2. Standard for property damage. 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. History:  1Sp1985 c 8 s 12; 1989 c 325 s 78; 1991 c 199 art 1 s 25; 2002 c 379 art 2 s 12; 2003 c 128 art 2 s 22
MN Stat § 115B.35 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.35 — Determining Claims.

115B.35 DETERMINING CLAIMS. Subdivision 1.  [Repealed, 2002 c 379 art 2 s 24] Subd. 2. Treatment of protected information. 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. Subd. 3. Evidence admissible in claim proceedings. 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. Subd. 4. Preliminary decision. 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. Subd. 5.  [Repealed, 2002 c 379 art 2 s 24] Subd. 6.  [Repealed, 2002 c 379 art 2 s 24] Subd. 7. Record. Any appearance by a claimant or witnesses must be tape recorded but a formal record pursuant to chapter 14 is not required. Subd. 8. Appeal. 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. Subd. 9. Remedies and penalties. 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. History:  1Sp1985 c 8 s 14; 1986 c 444; 2002 c 379 art 2 s 14-18
MN Stat § 115B.36 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.36 — Amount And Form Of Payment.

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. History:  1Sp1985 c 8 s 15; 1991 c 199 art 1 s 27; 2002 c 379 art 2 s 19; 2003 c 128 art 2 s 24
MN Stat § 115B.37 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.37 — Attorney Fees.

115B.37 ATTORNEY FEES. The agency may by rule limit the fee charged by any attorney for representing a claimant before the agency. History:  1Sp1985 c 8 s 16; 2002 c 379 art 2 s 20
MN Stat § 115B.402 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.402 — Illegal Actions At Qualified Facilities.

115B.402 ILLEGAL ACTIONS AT QUALIFIED FACILITIES. The commissioner may recover under section 115B.17, subdivision 6, that portion of the costs of response actions at any qualified facility 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. The commissioner's determination of the portion of the costs of a response action attributable to a person under this section, based on the volume and toxicity of waste in the facility associated with the person and other factors reasonably related to the contribution of the person to a release or threatened release, is prima facie evidence that those costs are attributable to the person. History:   1994 c 639 art 1 s 4
MN Stat § 115B.403 (2021)
2021 Minnesota Statutes|Chapters 114C - 116I — Environmental Protection|Chapter 115B — Environmental Response And Liability|Section 115B.403 — Accepting Dump Materials To Augment Closure Or Closure Upgrade Activities At Qualified Facilities.

115B.403 ACCEPTING DUMP MATERIALS TO AUGMENT CLOSURE OR CLOSURE UPGRADE ACTIVITIES AT QUALIFIED FACILITIES. (a) The commissioner may allow dump materials at qualified facilities from sites that have been in public ownership on or after January 1, 1998, provided that the commissioner finds that: (1) accepting the dump materials will not significantly increase the potential environmental impacts of the qualified facility; (2) accepting the dump materials will benefit the qualified facility by improving final slopes, or in some other tangible manner, and the materials will be provided to the qualified facility according to a schedule consistent with closure or closure upgrade activities at the qualified facility; (3) the owner of the site where the dump materials were disposed complies with the requirements of paragraph (b) and agrees to: (i) pay any costs of screening and inspection needed at point of excavation or point of deposit to ensure that unacceptable materials are not delivered to the qualified facility; (ii) secure any permissions necessary from the owner of the property containing the qualified facility; (iii) transport the dump materials to the qualified facility according to a process and schedule acceptable to the commissioner and, at owner's cost, pay all transportation costs related to the activity; and (iv) complete cleanup, final grading, seeding, and other related activities for the area where the dump existed. (b) In order to qualify for consideration for disposal of dump materials at qualified facilities, the owner of the site where the dump materials were disposed shall notify the commissioner, in writing, at least six months before closure activity at the qualified facility indicating the owner's desire to dispose of the dump material at the qualified facility in order to allow adequate time for construction planning and public information activities. The commissioner shall consider requests based on the schedule of closure and closure upgrade activities at qualified facilities. The commissioner shall require the owner of the site to submit, at the owner's expense, physical and chemical evaluation data regarding the dump material including any necessary coring, excavation, or other sampling data at least six months before closure construction to assist the commissioner in making the determination whether or not to accept the material. (c) The commissioner may reject any and all requests to dispose of dump materials at qualified facilities. (d) Nothing in this section shall be construed as allowing unpermitted disposal facilities to be included as qualified facilities in the closed landfill program. History:   1998 c 306 s 2