reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.932 — Mercury Prohibition.

115A.932 MERCURY PROHIBITION.
Subdivision 1.
Prohibitions and recycling requirements.
(a) A person may not place mercury or a mercury-containing device or product, as defined under section 116.92, subdivision 10, from which the mercury has not been removed for reuse or recycling:
(1) in solid waste; or
(2) in a wastewater disposal system.
(b) A person may not knowingly place mercury or a mercury-containing device or product, as defined under section 116.92, subdivision 10, from which the mercury has not been removed for reuse or recycling:
(1) in a solid waste processing facility; or
(2) in a solid waste disposal facility.
(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery of the lamp to a lamp recycling facility, as defined in section 116.93, subdivision 1, or to a facility that collects and stores lamps for the purpose of delivering them to a lamp recycling facility, including, but not limited to, a household hazardous waste collection or recycling facility, retailer take-back and utility provider program sites, or other sites designated by an electric utility under section 216B.241, subdivisions 2 and 4.
Subd. 2.
Enforcement.
(a) Except as provided in paragraph (b), a violation of subdivision 1 is subject to enforcement under sections 115.071 and 116.072.
(b) A violation of subdivision 1 by a generator of household hazardous waste, as defined in section 115A.96, is not subject to enforcement under section 115.071, subdivision 3.
(c) An administrative penalty imposed under section 116.072 for a violation of subdivision 1 by a generator of household hazardous waste, as defined in section 115A.96, may not exceed $700.
History:
1992 c 560 s 1; 1993 c 249 s 19; 1997 c 62 s 1; 1997 c 216 s 98; 2007 c 109 s 1; 2010 c 382 s 18; 2014 c 277 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.935 — Solid Waste Generated Outside Minnesota.

115A.935 SOLID WASTE GENERATED OUTSIDE MINNESOTA.
No person shall transport into or deposit in this state, for the purpose of processing or disposal, solid waste that was generated in another state, unless the waste:
(1) meets all the solid waste management regulations of the state in which it was generated; and
(2) contains none of the items specifically banned from mixed municipal solid waste in this state, including waste tires, motor and vehicle fluids and filters, waste lead acid batteries, yard waste, major appliances, and any other item specifically banned from the waste stream under this chapter.
History:
1991 c 337 s 45; 1993 c 249 s 61
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.936 — Construction Debris As Cover Material Prohibited.

115A.936 CONSTRUCTION DEBRIS AS COVER MATERIAL PROHIBITED.
(a) Construction debris or residuals from processed construction debris containing any amount of gypsum shall not be managed as cover material at disposal facilities unless:
(1) residual material is managed in an industrial or construction and demolition disposal facility equipped with a liner and leachate collection system;
(2) residual material is not mechanically pulverized or size-reduced prior to processing, screening, or application;
(3) a maximum effort is made to remove gypsum from the waste prior to processing, screening, or application;
(4) residual material is mixed at a ratio of one part soil to one part residual material prior to application; and
(5) the disposal facility does not accept any amount of cover material greater than what is operationally necessary.
(b) For the purposes of this section, "residual material" means construction debris or residuals from processed construction debris containing any amount of gypsum.
History:
2008 c 300 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.941 — Solid Waste; Required Collection.

115A.941 SOLID WASTE; REQUIRED COLLECTION.
(a) Except as provided in paragraph (b), each city, and town described in section 368.01, with a population of 1,000 or more, and any other town with a population of 5,000 or more shall ensure that every residential household and business in the city or town has solid waste collection service. To comply with this section, a city or town may organize collection, provide collection, or require by ordinance that every household and business has a contract for collection services. An ordinance adopted under this section must provide for enforcement.
(b) A city or town described in paragraph (a) may exempt a residential household or business in the city or town from the requirement to have solid waste collection service if the household or business ensures that an environmentally sound alternative is used.
(c) To the extent practicable, the costs incurred by a city or town under this section must be incorporated into the collection system or the enforcement mechanisms adopted under this section by the city or town.
History:
1991 c 337 s 47; 1993 c 249 s 22
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.945 — Visible Costs; Solid Waste Management.

115A.945 VISIBLE COSTS; SOLID WASTE MANAGEMENT.
Any political subdivision that provides or pays for the costs of collection or disposal of solid waste shall, through a billing or other system, make the prorated share of those costs for each solid waste generator visible and obvious to the generator.
History:
1Sp1989 c 1 art 20 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.95 — Recyclable Materials.

115A.95 RECYCLABLE MATERIALS.
(a) Recyclable materials must be delivered to the appropriate materials processing facility as outlined in rules of the agency or any other facility permitted to recycle or compost the materials.
(b) A disposal facility or a resource recovery facility that is composting mixed municipal solid waste, burning waste, or converting waste to energy or to materials for combustion may not accept source-separated recyclable materials, and a solid waste collector or transporter may not deliver source-separated recyclable materials to such a facility, except for recycling or transfer to a recycler, unless the commissioner determines that no other person is willing to accept the recyclable materials.
History:
1985 c 274 s 13; 1987 c 348 s 28; 1994 c 585 s 26; 1Sp2005 c 1 art 2 s 161; 2011 c 107 s 82
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.951 — Telephone Directories.

115A.951 TELEPHONE DIRECTORIES.
Subdivision 1.
Definition.
For the purposes of this section, a "telephone directory" means a printed list of residential, governmental, or commercial telephone service subscribers or users, or a combination of subscribers or users, that contains more than 7,500 listings and is distributed to the subscribers or users.
Subd. 2.
Prohibition.
A person may not place a telephone directory:
(1) in solid waste;
(2) in a disposal facility; or
(3) in a resource recovery facility, except a recycling facility.
Subd. 3.
Recyclability.
A person may not distribute a telephone directory to any person in this state unless the telephone directory:
(1) is printed on paper that is recyclable;
(2) is printed with inks that contain no heavy metals or other toxic materials; and
(3) is bound with materials that pose no unreasonable barriers to recycling of the directory.
Subd. 4.
Collecting used directories.
Each publisher or distributor of telephone directories shall:
(1) provide for the collection and delivery to a recycler of waste telephone directories;
(2) inform recipients of directories of the collection system; and
(3) submit a report to the agency by August 1 of each year that specifies the percentage of distributed directories collected as waste directories by distribution area and the locations where the waste directories were delivered for recycling and that verifies that the directories have been recycled.
History:
1992 c 593 art 1 s 29; 1995 c 247 art 2 s 20; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.952 — Retail Sale Of Problem Materials; Uniform Labeling And Consumer Information.

115A.952 RETAIL SALE OF PROBLEM MATERIALS; UNIFORM LABELING AND CONSUMER INFORMATION.
Subdivision 1.
Duties of agency; rules.
The agency may adopt rules to identify products that are used primarily for personal, family, or household purposes and that constitute a problem material or contain a problem material as defined in section 115A.03, subdivision 24a. The rules may also prescribe a uniform label to be affixed by retailers of identified products as provided in subdivision 4. Packaging that is recyclable or made from recycled material shall not constitute a problem material.
Subd. 2.
Duties of commissioner of agriculture.
The commissioner of agriculture may adopt rules to provide consumer information and retail handling practices for pesticides, as defined in section 18B.01, subdivision 18; fertilizers, plant amendments, and soil amendments, as defined in section 18C.005, subdivisions 11, 25, and 33; and wood preservatives.
Subd. 3.
Preparing and supplying materials.
The agency and the commissioner of agriculture shall prepare and the agency shall supply to retailers, without charge to the retailers, the labels and informational materials required to comply with subdivision 4. Informational materials must include specific instructions on environmentally sound ways to use identified products and to handle them when the products or their containers are discarded.
Subd. 4.
Duties of retailers.
A person who sells or offers for sale at retail any product that is identified pursuant to rules of the agency adopted under subdivision 1 or under rules of the commissioner of agriculture under subdivision 2 shall:
(1) affix a uniform label as prescribed by the rules in a prominent location upon or near the display area of the product. If the adjacent display area is a shelf, the label shall be affixed to the price information for the product on the shelf;
(2) maintain and prominently display informational materials supplied by the agency at the location where identified products covered by the materials are sold or offered for sale; and
(3) comply with the handling practices required under subdivision 2.
History:
1Sp1989 c 1 art 20 s 10
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.956 — Solid Waste Disposal; Problem Materials.

115A.956 SOLID WASTE DISPOSAL; PROBLEM MATERIALS.
Subdivision 1.
Problem material; processing and disposal plan.
The agency shall develop a plan that designates problem materials and available capacity for processing and disposal of problem materials including household hazardous waste that should not be in mixed municipal solid waste. In developing the plan, the agency shall consider relevant regional characteristics and the impact of problem materials on specific processing and disposal technologies.
Subd. 2.
Problem material; separation and collection plan.
After the agency certifies that sufficient processing and disposal capacity is available, but no later than November 15, 1992, the agency shall develop a plan for separating problem materials from mixed municipal solid waste, collecting the problem materials, and transporting the problem materials to a processing or disposal facility and may by rule prohibit the placement of the designated problem materials in mixed municipal solid waste.
History:
1Sp1989 c 1 art 20 s 12; 1991 c 303 s 2; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.9561 — Major Appliances.

115A.9561 MAJOR APPLIANCES.
Subdivision 1.
Prohibitions.
A person may not:
(1) place major appliances in mixed municipal solid waste; or
(2) dispose of major appliances in or on the land or in a solid waste processing or disposal facility. The agency may enforce this section pursuant to sections 115.071 and 116.072.
Subd. 2.
Recycling required.
(a) Major appliances must be recycled or reused. Each county shall ensure that its households have the opportunity to recycle used major appliances. For the purposes of this section, recycling includes:
(1) the removal of capacitors that may contain PCBs;
(2) the removal of ballasts that may contain PCBs;
(3) the removal of chlorofluorocarbon refrigerant gas; and
(4) the recycling or reuse of the metals, including mercury.
(b) To ensure that the materials removed from a major appliance are not introduced into the environment, an activity described in paragraph (a), clauses (1) to (3), must be conducted in a closed facility if the activity is conducted within 500 feet from the ordinary high-water level of a water basin that is a public water, as those terms are described in section 103G.005, or of a watercourse identified by the public waters inventory under section 103G.201.
History:
1Sp1989 c 1 art 20 s 13; 1991 c 337 s 48; 1991 c 347 art 1 s 18; 1992 c 560 s 2; 1994 c 585 s 27; 2002 c 382 art 1 s 3
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.9565 — Cathode-ray Tube Prohibition.

115A.9565 CATHODE-RAY TUBE PROHIBITION.
Effective July 1, 2006, a person may not place in mixed municipal solid waste an electronic product containing a cathode-ray tube.
History:
2003 c 128 art 1 s 129; 1Sp2005 c 1 art 2 s 132
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.961 — Household Batteries; Collection, Processing, And Disposal.

115A.961 HOUSEHOLD BATTERIES; COLLECTION, PROCESSING, AND DISPOSAL.
Subdivision 1.
Definition.
For the purposes of this section, "household batteries" means disposable or rechargeable dry cells commonly used as power sources for household or consumer products including, but not limited to, nickel-cadmium, alkaline, mercuric oxide, silver oxide, zinc oxide, lithium, and carbon-zinc batteries, but excluding lead acid batteries.
Subd. 2.
Program.
(a) The commissioner, in consultation with other state agencies, political subdivisions, and representatives of the household battery industry, may develop household battery programs. The commissioner must coordinate the programs with the Legislative-Citizen Commission on Minnesota Resources study on batteries.
(b) The commissioner shall investigate options and develop guidelines for collection, processing, and disposal of household batteries. The options the commissioner may investigate include:
(1) establishing a grant program for counties to plan and implement household battery collection, processing, and disposal projects;
(2) establishing collection and transportation systems;
(3) developing and disseminating educational materials regarding environmentally sound battery management; and
(4) developing markets for materials recovered from the batteries.
(c) The commissioner may also distribute funds to political subdivisions to develop battery management plans and implement those plans.
Subd. 3.
Participation.
A political subdivision, on its own or in cooperation with others, may implement a program to collect, process, or dispose of household batteries. A political subdivision may provide financial incentives to any person, including public or private civic groups, to collect the batteries.
Subd. 4.
[Obsolete, 1Sp2005 c 1 art 2 s 161]
History:
1Sp1989 c 1 art 20 s 14; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161; 2006 c 243 s 21
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.97 — Special Waste; Incinerator Ash.

115A.97 SPECIAL WASTE; INCINERATOR ASH.
Subdivision 1.
Policy; goals.
(a) It is the policy of the legislature that mixed municipal solid waste incinerators be planned and managed to achieve to the maximum extent feasible and prudent:
(1) reduction of the toxicity of incinerator ash;
(2) reduction of the quantity of the incinerator ash; and
(3) reduction of the quantity of waste processing residuals that require disposal.
(b) The purpose of this section is to establish temporary and permanent programs to achieve these reduction goals.
Subd. 2.
Definitions.
(a) For the purposes of this section the following terms have the meanings given them.
(b) "Incinerator ash" means ash resulting from the combustion of mixed municipal solid waste and ash resulting from the combustion of refuse-derived fuel.
(c) "Noncombustible fraction" means constituents of mixed municipal solid waste, including glass, ferrous metals, nonferrous metals and other inorganics, that, when burned, disproportionately add to the quantity of incinerator ash.
Subd. 3.
Rules.
The agency shall adopt rules to establish techniques to measure the noncombustible fraction of mixed municipal solid waste prior to incineration or processing into refuse-derived fuel and for at least the testing, management, and disposal of incinerator ash. The rules must be designed to meet the goals in subdivision 1.
Subd. 4.
[Repealed, 1996 c 310 s 1]
Subd. 5.
Plans; report.
A county solid waste plan, or revision of a plan, that includes incineration of mixed municipal solid waste must clearly state how the county plans to meet the goals in subdivision 1 of reducing the toxicity and quantity of incinerator ash and of reducing the quantity of processing residuals that require disposal. The commissioner, in cooperation with the counties, may develop guidelines for counties to use to identify ways to meet the goals in subdivision 1.
Subd. 6.
Permits; agency report.
An application for a permit to build or operate a mixed municipal solid waste incinerator, including an application for permit renewal, must clearly state how the applicant will achieve the goals in subdivision 1 of reducing the toxicity and quantity of incinerator ash and of reducing the quantity of processing residuals that require disposal. The agency, in cooperation with the counties, may develop guidelines for applicants to use to identify ways to meet the goals in subdivision 1.
History:
1988 c 685 s 13; 1989 c 335 art 1 s 269; 1990 c 469 s 1; 1991 c 337 s 52; 1994 c 639 art 5 s 3; 1995 c 247 art 2 s 21,22; 1Sp2005 c 1 art 2 s 161; 2007 c 13 art 1 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.99 — Litter; Penalties And Damages.

115A.99 LITTER; PENALTIES AND DAMAGES.
Subdivision 1.
Civil penalty.
(a) A person who unlawfully places any portion of solid waste in or on public or private lands, shorelands, roadways, or waters is subject to a civil penalty of not less than twice nor more than five times the costs incurred by a state agency or political subdivision to remove, process, and dispose of the waste.
(b) A state agency or political subdivision that incurs costs as described in this section may bring an action to recover the civil penalty, related legal, administrative, and court costs, and damages for injury to or pollution of the lands, shorelands, roadways, or waters where the waste was placed if owned or managed by the entity bringing the action.
Subd. 2.
Disposition.
Civil penalties and damages collected under subdivision 1 must be collected and distributed as required in chapter 484.
Subd. 3.
Joinder; private action for damages.
A private person may join an action by the state or a political subdivision to recover a civil penalty under subdivision 1 to allow the person to recover damages for waste unlawfully placed on the person's property.
History:
1Sp1989 c 1 art 20 s 17; 1994 c 412 s 2; 2007 c 13 art 3 s 10
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115A — Waste Management › Section 115A.993 — Prohibited Disposal Methods.

115A.993 PROHIBITED DISPOSAL METHODS.
A person must not dispose of waste treated seed in a manner inconsistent with the product label, where applicable, or by:
(1) burial near a drinking water source or any creek, stream, river, lake, or other surface water;
(2) composting; or
(3) incinerating within a home or other dwelling.
History:
2023 c 60 art 3 s 16
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.01 — Citation.

115B.01 CITATION.
Sections 115B.01 to 115B.20 may be cited as the "Environmental Response and Liability Act."
History:
1983 c 121 s 1; 2004 c 228 art 1 s 73
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.055 — Effect Of Removing And Repealing Certain Provisions.

115B.055 EFFECT OF REMOVING AND REPEALING CERTAIN PROVISIONS.
Subdivision 1.
Joint and several liability for personal injury.
The enactment of Laws 1983, chapter 121, section 5, relating to joint and several liability, and the subsequent amendment of section 115B.05 as provided in Laws 1985, First Special Session chapter 8, shall not be construed in any way as a determination of legislative intent regarding the applicability of joint and several liability in any action brought under section 115B.05. The determination of whether joint and several liability applies in any action brought under section 115B.05 shall be based solely on applicable statutory and common law.
Subd. 2.
Causation of personal injury.
In any action brought under section 115B.05, or under any other law, to recover damages for death, personal injury, or disease arising out of the release of a hazardous substance, the enactment of Laws 1983, chapter 121, section 7, and subsequent repeal of Minnesota Statutes 1984, section 115B.07, under Laws 1985, First Special Session chapter 8, relating to proof of causation, shall not be construed in any way as a determination of legislative intent regarding the legal principles applicable to the proof of the causal connection between the release and the death, injury, or disease. The legal principles applicable to the proof of causation shall be determined solely on the basis of applicable statutory and common law.
History:
1Sp1985 c 8 s 17
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.06 — Application To Past Actions.

115B.06 APPLICATION TO PAST ACTIONS.
Subdivision 1.
Application of section 115B.05.
Section 115B.05 does not apply to any claim for damages arising out of the release of a hazardous substance which was placed or came to be located in or on the facility wholly before July 1, 1983.
Subd. 2.
[Repealed, 1Sp1985 c 8 s 19]
History:
1983 c 121 s 6; 1Sp1985 c 8 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.08 — Apportionment And Contribution.

115B.08 APPORTIONMENT AND CONTRIBUTION.
Subdivision 1.
Right of apportionment; factors.
(a) Any person held jointly and severally liable under section 115B.04 has the right at trial to have the trier of fact apportion liability among the parties as provided in this section. The burden is on each defendant to show how that defendant's liability should be apportioned. The court shall reduce the amount of damages in proportion to any amount of liability apportioned to the party recovering.
(b) In apportioning the liability of any party under this section, the trier of fact shall consider the following:
(1) the extent to which that party's contribution to the release of a hazardous substance can be distinguished;
(2) the amount of hazardous substance involved;
(3) the degree of toxicity of the hazardous substance involved;
(4) the degree of involvement of and care exercised by the party in manufacturing, treating, transporting, and disposing of the hazardous substance;
(5) the degree of cooperation by the party with federal, state, or local officials to prevent any harm to the public health or the environment; and
(6) knowledge by the party of the hazardous nature of the substance.
Subd. 2.
Contribution.
If a person is held jointly and severally liable under section 115B.04 and establishes a proportionate share of the aggregate liability, the provisions of section 604.02, subdivisions 1 and 2, shall apply with respect to contribution and reallocation of any uncollectible amounts.
History:
1983 c 121 s 8; 1986 c 444
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.09 — Comparative Fault And Contribution.

115B.09 COMPARATIVE FAULT AND CONTRIBUTION.
The provisions of sections 604.01 and 604.02, subdivisions 1 and 2, apply to any action for damages under section 115B.05.
History:
1983 c 121 s 9; 1Sp1985 c 8 s 3
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.10 — No Avoidance Of Liability; Insurance And Subrogation.

115B.10 NO AVOIDANCE OF LIABILITY; INSURANCE AND SUBROGATION.
An owner or operator of a facility or any other person who may be liable under sections 115B.01 to 115B.15 may not avoid that liability by means of any conveyance of any right, title, or interest in real property, or by any indemnification, hold harmless agreement, or similar agreement. Nothing in this section shall be construed:
(1) to prohibit any party who may be liable under sections 115B.01 to 115B.15 from entering an agreement by which that party is insured, held harmless or indemnified for part or all of that liability;
(2) to prohibit the enforcement of any insurance, hold harmless or indemnification agreement; or
(3) to bar any cause of action brought by a party who may be liable under sections 115B.01 to 115B.15 or by an insurer or guarantor, whether by right of subrogation or otherwise.
History:
1983 c 121 s 10
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.11 — Statute Of Limitations.

115B.11 STATUTE OF LIMITATIONS.
Subdivision 1.
Construction.
For the purposes of this section, "construction" means actions taken after the selection of remedial action such as excavation, building of structures, installation of equipment or fixtures, and other physical actions to respond to a release or threatened release.
Subd. 2.
Action to recover costs.
(a) An action for recovery of response costs under section 115B.04, including recovery of costs and expenses under section 115B.17, subdivision 6, may be commenced any time after costs and expenses have been incurred but must be commenced no later than six years after initiation of physical on-site construction of a response action.
(b) A party prevailing in an action commenced within the time required under paragraph (a) shall be entitled to a declaratory judgment of liability for all future reasonable and necessary costs incurred by that party to respond to the release or threatened release, including costs and expenses under section 115B.17, subdivision 6.
Subd. 3.
Action for damages.
No person may recover damages pursuant to sections 115B.01 to 115B.15 unless the action is commenced within six years from the date when the cause of action accrues. In determining when the cause of action accrues for an action to recover damages for death, personal injury or disease, the court shall consider factors including the following:
(1) when the plaintiff discovered the injury or loss;
(2) whether a personal injury or disease had sufficiently manifested itself; and
(3) when the plaintiff discovered, or using due diligence should have discovered, a causal connection between the injury, disease, or loss and the release of a hazardous substance.
Subd. 4.
Application.
Subdivisions 1 to 3 apply to actions for recovery of costs commenced on or after April 1, 1998. Response costs incurred before April 1, 1998, are recoverable in an action commenced on or after April 1, 1998, only if physical on-site construction of the response action was initiated not more than six years before the cost recovery action is commenced. Notwithstanding any provision in Laws 1998, chapter 341, to the contrary, the running of the statute of limitations imposed by subdivisions 1 to 3 with respect to cost recovery actions is suspended until July 1, 1999. Subdivisions 1 to 3 shall not apply to any litigation pending in court on March 31, 1998, if the statute of limitations under this chapter has been contested in the litigation. Subdivisions 1 to 3 shall not be offered by any party as evidence of the intent, meaning, or application of the statute of limitations under this chapter.
History:
1983 c 121 s 11; 1998 c 341 s 2,5
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.12 — Other Remedies Preserved.

115B.12 OTHER REMEDIES PRESERVED.
Nothing in sections 115B.01 to 115B.15 shall be construed to abolish or diminish any remedy or affect the right of any person to bring a legal action or use any remedy available under any other provision of state or federal law, including common law, to recover for personal injury, disease, economic loss or response costs arising out of a release of any hazardous substance, or for removal or the costs of removal of that hazardous substance. Nothing in sections 115B.01 to 115B.15 shall be construed to limit or restrict in any way the liability of any person under any other state or federal law, including common law, for loss due to personal injury or disease, for economic loss, or for response costs arising out of any release or threatened release of a hazardous substance from a facility regardless of the time at which a hazardous substance was placed or came to be located in or on the facility. The provisions of sections 115B.01 to 115B.15 shall not be considered, interpreted, or construed in any way as reflecting a determination, in whole or in part, of policy regarding the inapplicability of strict liability, or strict liability doctrines under any other state or federal law, including common law, to activities past, present or future, relating to hazardous substances, or pollutants or contaminants, or other similar activities.
History:
1983 c 121 s 12
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.13 — Double Recovery Prohibited.

115B.13 DOUBLE RECOVERY PROHIBITED.
A person who recovers response costs or damages pursuant to sections 115B.01 to 115B.15 may not recover the same costs or damages pursuant to any other law. A person who recovers response costs or damages pursuant to any other state or federal law may not recover for the same costs or damages pursuant to sections 115B.01 to 115B.15.
History:
1983 c 121 s 13
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.14 — Awarding Costs.

115B.14 AWARDING COSTS.
Upon motion of a party prevailing in an action under sections 115B.01 to 115B.15 the court may award costs, disbursements and reasonable attorney fees and witness fees to that party.
History:
1983 c 121 s 14
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.15 — Applicability.

115B.15 APPLICABILITY.
Sections 115B.01 to 115B.14 apply to any release or threatened release of a hazardous substance occurring on or after July 1, 1983, including any release which began before July 1, 1983, and continued after that date. Sections 115B.01 to 115B.14 do not apply to a release or threatened release which occurred wholly before July 1, 1983, regardless of the date of discovery of any injury or loss caused by the release or threatened release.
History:
1983 c 121 s 15
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.171 — Testing For Private Wells; East Metropolitan Area.

115B.171 TESTING FOR PRIVATE WELLS; EAST METROPOLITAN AREA.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have the meanings given.
(b) "East metropolitan area" means:
(1) the cities of Afton, Cottage Grove, Lake Elmo, Maplewood, Newport, Oakdale, St. Paul Park, and Woodbury;
(2) the townships of Denmark, Grey Cloud Island, and West Lakeland; and
(3) other areas added by the commissioner that have a potential for significant groundwater pollution from PFCs.
(c) "PFCs" means per- and poly-fluorinated chemicals.
Subd. 2.
Testing for private wells.
To provide results of PFC groundwater monitoring to the public, the commissioner of the Pollution Control Agency must develop a web page that may include, but is not limited to, the following:
(1) the process for private and public well PFC sampling in the east metropolitan area;
(2) an interactive map system that allows the public to view locations of the Department of Health well advisories and areas projected to be sampled for PFCs; and
(3) how to contact the Pollution Control Agency or Department of Health staff to answer questions on sampling of private wells.
Subd. 3.
Test reporting.
(a) By March 15 each year, the commissioner of the Pollution Control Agency must report to each community in the east metropolitan area a summary of the results of the testing for private wells in the community. The report must include information on the number of wells tested and trends of PFC contamination in private wells in the community. Reports to communities under this section must also be published on the Pollution Control Agency's website.
(b) By March 15 each year, the commissioner of the Pollution Control Agency must report to the legislature, as provided in section 3.195, on the testing for private wells conducted in the east metropolitan area, including copies of the community reports required in paragraph (a), the number of requests for well testing in each community, and the total amount spent for testing private wells in each community.
History:
2018 c 204 s 5; 2023 c 60 art 3 s 18
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115B — Environmental Response And Liability › Section 115B.172 — Natural Resources Damages Account.

115B.172 NATURAL RESOURCES DAMAGES ACCOUNT.
Subdivision 1.
Establishment.
The natural resources damages account is established as an account in the remediation fund.
Subd. 2.
Revenues.
The account consists of money from the following sources:
(1) revenue from actions taken to recover natural resources damages under section 115B.17, subdivision 7, or any other law, unless otherwise specified in the settlement agreement;
(2) appropriations and transfers to the account as provided by law;
(3) interest earned on the account; and
(4) money received by the commissioner of the Pollution Control Agency or the commissioner of natural resources for deposit in the account in the form of a gift or grant.
Subd. 3.
Expenditures.
(a) Money in the account is appropriated to the commissioner of natural resources for the purposes authorized in section 115B.20, subdivision 2, clause (4).
(b) The commissioner of management and budget must allocate the amounts available in any biennium to the commissioner of natural resources for the purposes of this section based upon work plans submitted by the commissioner of natural resources and may adjust those allocations if revised work plans are submitted. Copies of the work plans must be submitted to the chairs of the house of representatives and senate committees and divisions having jurisdiction over environment and natural resources finance.
Subd. 4.
Report.
By November 1 each year, the commissioner of natural resources must submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources policy and finance on expenditures from the natural resources damages account during the previous fiscal year.
History:
1Sp2019 c 4 art 3 s 99
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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