reglab/statecodes huggingface dataset:
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 October 1 each year, a 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 fiscal year; and
(3) by October 1, 2023, 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; 2023 c 60 art 3 s 19
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115C — Petroleum Tank Release Cleanup › Section 115C.07 — Petroleum Tank Release Compensation Board.

115C.07 PETROLEUM TANK RELEASE COMPENSATION BOARD.
Subdivision 1.
Establishment.
The Petroleum Tank Release Compensation Board consists of the commissioner of the Pollution Control Agency, the commissioner of commerce, one representative from the petroleum industry, one public member, and one person with experience in claims adjustment. The governor shall appoint the members of the board. The filling of positions, vacancies, membership terms, payment of compensation and expenses, and removal of members are governed by section 15.0575. The governor shall designate the chair of the board.
Subd. 2.
Staff.
The commissioner of commerce shall provide staff to support the activities of the board at the board's request.
Subd. 3.
Rules.
(a) The board shall adopt rules regarding its practices and procedures, the form and procedure for applications for compensation from the fund, procedures for investigation of claims and specifying the costs that are eligible for reimbursement from the fund.
(b) The board may adopt rules requiring certification of environmental consultants.
(c) The board may adopt other rules necessary to implement this chapter.
(d) The board may use section 14.389 to adopt rules specifying the competitive bidding requirements for consultant services proposals.
(e) The board may use section 14.389 to adopt rules specifying the written proposal and invoice requirements for consultant services.
(f) Upon written notification from the board of the adjusted dollar amounts determined pursuant to rules of the board, the revisor of statutes must adjust the dollar amounts in appropriate rules of the board to reflect the adjustments announced and published by the board.
History:
1987 c 186 s 15; 1987 c 389 s 7; 1991 c 175 s 2; 1993 c 341 art 1 s 6; 1996 c 305 art 2 s 24; 1Sp2001 c 2 s 129; 1Sp2005 c 1 art 4 s 10; 2010 c 241 s 4
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115C — Petroleum Tank Release Cleanup › Section 115C.093 — Corrective Action; Performance Audits.

115C.093 CORRECTIVE ACTION; PERFORMANCE AUDITS.
The board may contract for performance audits of corrective actions for which reimbursement is sought under section 115C.09, and may contract for audits of other corrective actions. Money in the fund is appropriated to the board for the purposes of this section.
History:
1996 c 397 s 3; 1Sp2001 c 2 s 134
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115C — Petroleum Tank Release Cleanup › Section 115C.094 — Abandoned Underground Storage Tanks.

115C.094 ABANDONED UNDERGROUND STORAGE TANKS.
(a) As used in this section, an abandoned underground petroleum storage tank means an underground petroleum storage tank that was:
(1) taken out of service prior to December 22, 1988;
(2) taken out of service on or after December 22, 1988, if the current property owner did not know of the existence of the underground petroleum storage tank and could not have reasonably been expected to have known of the tank's existence at the time the owner first acquired right, title, or interest in the tank; or
(3) taken out of service and is located on property that is being held by the state in trust for local taxing districts under section 281.25.
(b) The board may contract for:
(1) a statewide assessment in order to determine the quantity, location, cost, and feasibility of removing abandoned underground petroleum storage tanks;
(2) the removal of an abandoned underground petroleum storage tank; and
(3) the removal and disposal of petroleum-contaminated soil if the removal is required by the commissioner at the time of tank removal.
(c) Before the board may contract for removal of an abandoned petroleum storage tank, the tank owner must provide the board with written access to the property and release the board from any potential liability for the work performed.
(d) If at the time of the forfeiture of property identified under paragraph (a), clause (3), the property owner or the owner's heirs, devisees, or representatives, or any person to whom the right to pay taxes was granted by statute, mortgage, or other agreement, repurchases the property under section 282.241, the board's contracted costs for the underground storage tank removal project must be included as a special assessment included in the repurchase price, as provided under section 282.251, and must be returned to the board upon the sale of the property.
(e) Money in the fund is appropriated to the board for the purposes of this section.
History:
2003 c 128 art 1 s 135; 1Sp2021 c 4 art 7 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115C — Petroleum Tank Release Cleanup › Section 115C.10 — Funding Agency Actions.

115C.10 FUNDING AGENCY ACTIONS.
Subdivision 1.
Payment from fund; subrogation; appropriation.
(a) If the cost of authorized actions under section 115C.03 exceeds the amount appropriated to the agency for the actions and amounts awarded to the agency from the federal government, the agency may apply to the board for money to pay for the actions from the fund. The board shall pay the agency the cost of the proposed actions under section 115C.03 if the board finds that the conditions for the agency to be paid from the fund have been met, and that an adequate amount exists in the fund to pay for the corrective action. If the board pays the agency for the cost of authorized actions for which there is insurance coverage, the board is subrogated to the agency's rights with respect to the insurance, to the extent of the board's payment of costs for which insurance coverage exists, subject to the limitations on an agency cost recovery action set forth in section 115C.04, subdivision 3. The board may request the attorney general to bring an action in district court against the responsible person, the applicant, or the insurer to enforce the board's subrogation rights. Acceptance of a payment from the board by the agency constitutes an assignment to the board of the subrogation rights specified in this subdivision.
(b) Money in the fund is appropriated to the board for the purpose of this subdivision.
Subd. 2.
Federal funds.
The commissioner shall take actions needed to obtain federal funding to carry out the provisions of the Petroleum Tank Release Cleanup Act.
History:
1987 c 186 s 15; 1987 c 389 s 10; 1989 c 335 art 4 s 106; 1991 c 294 s 3; 1995 c 220 s 130; 1996 c 308 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115C — Petroleum Tank Release Cleanup › Section 115C.112 — Consultant And Contractor Sanctions; Actions Based On Conduct Occurring On And After March 14, 1996.

115C.112 CONSULTANT AND CONTRACTOR SANCTIONS; ACTIONS BASED ON CONDUCT OCCURRING ON AND AFTER MARCH 14, 1996.
The commissioner of commerce may by order deny a registration, censure, suspend, or revoke a registrant and require payment of all costs of proceedings resulting in an action instituted under this section and impose a civil penalty of not more than $10,000 if the commissioner of commerce finds: (i) that the order is in the public interest; and (ii) that the registrant or, in the case of a registrant that is not a natural person, any partner, officer, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the registrant:
(1) has engaged in conduct that departs from or fails to conform to the minimal standards of acceptable and prevailing engineering, hydrogeological, or other technical practices within the reasonable control of the consultant or contractor;
(2) has participated in a kickback scheme prohibited under section 115C.045;
(3) has engaged in conduct likely to deceive or defraud, or demonstrating a willful or careless disregard for public health or the environment;
(4) has committed fraud, embezzlement, theft, forgery, bribery, falsified or destroyed records, made false statements, received stolen property, made false claims, or obstructed justice;
(5) is the subject of an order revoking, suspending, restricting, limiting, or imposing other disciplinary action against the contractor's or consultant's license or certification in another state or jurisdiction;
(6) if the person is a consultant, has failed to comply with any of the ongoing obligations for registration as a consultant in section 115C.11, subdivision 1;
(7) has failed to comply with any provision or any rule or order under this chapter or chapter 45;
(8) has engaged in anticompetitive activity;
(9) has performed corrective action without having an accurate and complete registration on file with the board or has allowed another to perform corrective action when that party does not have a complete registration on file with the board;
(10) has been shown to be incompetent, untrustworthy, or financially irresponsible;
(11) has made or assisted another in making any material misrepresentation or omission to the board, commissioner, commissioner of commerce, or upon reasonable request has withheld or concealed information from, or refused to furnish information to, the board, commissioner, or commissioner of commerce; or
(12) has failed to reasonably supervise its employees or representatives to assure their compliance with this chapter and Minnesota Rules, chapter 2890.
History:
1996 c 308 s 10; 1Sp2001 c 2 s 135
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115C — Petroleum Tank Release Cleanup › Section 115C.113 — Orders.

115C.113 ORDERS.
The commissioner of commerce may issue an order requiring a registrant or applicant for registration to show cause why the registration should not be revoked or suspended, the registrant censured, the application denied, or other sanction imposed under section 115C.112. The order must be calculated to give reasonable notice of the time and place for hearing on the matter, and must state the reasons for the entry of the order. The commissioner of commerce may by order summarily suspend a registration pending final determination of an order to show cause. A hearing on the merits must be held within 30 days of the issuance of the order of summary suspension. All hearings must be conducted under chapter 14. After the hearing, the commissioner of commerce shall enter an order disposing of the matter as the facts require. If the registrant or applicant for registration fails to appear at a hearing after having been duly notified of it, the person shall be considered in default, and the proceeding may be determined against the registrant or applicant for registration upon consideration of the order to show cause, the allegations of which may be considered to be true.
History:
1996 c 308 s 11; 2014 c 222 art 2 s 11
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115C — Petroleum Tank Release Cleanup › Section 115C.12 — Appealing Reimbursement Determination.

115C.12 APPEALING REIMBURSEMENT DETERMINATION.
Subdivision 1.
Appeal from determination of commissioner of commerce.
An applicant for reimbursement may appeal to the board a reimbursement determination made by the commissioner of commerce under authority delegated by the board according to section 115C.09, subdivision 10, by submitting a written notice setting forth the specific basis for the appeal. The commissioner of commerce shall send written notification of the reimbursement determination by first class United States mail to the applicant for reimbursement at the applicant's last known address. The applicant for reimbursement must file written notice with the board of an appeal of a reimbursement determination made by the commissioner of commerce within 60 days of the date that the commissioner of commerce sends written notice to the applicant of the reimbursement determination. The board shall consider the appeal within 90 days of receipt of the written notice of appeal by the applicant for reimbursement. The written notice must set forth the specific basis for the appeal.
Subd. 2.
Appeal from decision of board.
(a) An applicant for reimbursement may appeal a reimbursement determination of the board as a contested case under chapter 14. An applicant for reimbursement must provide written notification to the board of a request for a contested case, setting forth the specific basis for the appeal, within 30 days of the date that the board makes a reimbursement determination.
(b) This subdivision applies to reimbursement determinations made by the board as a result of an appeal to the board under subdivision 1 and reimbursement determinations made by the board when the board has not delegated its authority to make reimbursement determinations.
(c) An appeal of a reimbursement determination may only be made by an applicant as defined by this chapter.
Subd. 3.
Contested case; final decision.
The final decision in a contested case requested by an applicant under subdivision 2 shall be made by the commissioner of commerce.
History:
1993 c 341 art 1 s 18; 1995 c 240 art 1 s 11; 1996 c 308 s 12
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115D — Toxic Pollution Prevention › Section 115D.02 — Policy.

115D.02 POLICY.
(a) To protect the public health, welfare, and the environment, the legislature declares that it is the policy of the state to encourage toxic pollution prevention. The preferred means of preventing toxic pollution are techniques and processes that are implemented at the source and that minimize the transfer of toxic pollutants from one environmental medium to another.
(b) The legislature intends that the programs developed under sections 115D.01 to 115D.12 shall encourage and lead to a greater awareness of the need for and benefits of toxic pollution prevention, and to a greater degree of cooperation and coordination among all elements of government, industry, and the public in encouraging and carrying out pollution prevention activities.
History:
1990 c 560 art 1 s 2; 1991 c 199 art 1 s 29