Title Minnesota Statutes, Minnesota Statutes

115A.9651 LISTED METALS IN SPECIFIED PRODUCTS; ENFORCEMENT. § Subdivision 1.Prohibition. After July 1, 1998, no person may distribute a listed product for sale or use in this state. § Subd. 2.Definitions. (a) For the purposes of this section, the following terms have the meanings…

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 …

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 …

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…

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

115B.02 DEFINITIONS. § Subdivision 1.Application. For the purposes of sections 115B.01 to 115B.20, the following terms have the meanings given them. § Subd. 1a. [Repealed, 2003 c 128 art 2 s 56] § Subd. 2.Act of God. "Act of God" means an unanticipated grave natural disaster or o…

115B.03 RESPONSIBLE PERSON. § Subdivision 1.General rule. For the purposes of sections 115B.01 to 115B.20, and except as provided in subdivisions 2 and 3, a person is responsible for a release or threatened release of a hazardous substance, or a pollutant or contaminant, from a f…

115B.04 LIABILITY FOR RESPONSE COSTS AND NATURAL RESOURCES; LIMITATIONS AND DEFENSES. § Subdivision 1.Liability. Except as otherwise provided in subdivisions 2 to 12, and notwithstanding any other provision or rule of law, any person who is responsible for a release or threatened…

115B.05 LIABILITY FOR ECONOMIC LOSS, DEATH, PERSONAL INJURY, AND DISEASE; LIMITATIONS AND DEFENSES. § Subdivision 1.Liability. Except as otherwise provided in subdivisions 2 to 10, and notwithstanding any other provision or rule of law, any person who is responsible for the relea…

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 …

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…

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 …

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

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 b…

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 …

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 …

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 …

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

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 appl…

115B.16 DISPOSITION OF FACILITIES. § Subdivision 1.Closed disposal facilities; using property. No person shall use any property on or in which hazardous waste remains after closure of a disposal facility as defined in section 115A.03, subdivision 10, in any way that disturbs the …

115B.17 STATE RESPONSE TO RELEASES. § Subdivision 1.Removal and remedial action. Whenever there is a release or substantial threat of release from a facility of any pollutant or contaminant which presents an imminent and substantial danger to the public health or welfare or the e…

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, O…

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 r…

115B.175 VOLUNTARY RESPONSE ACTIONS; LIABILITY PROTECTION; PROCEDURES. § Subdivision 1.Protection from liability; scope. (a) Subject to the provisions of this section, a person who is not otherwise responsible under sections 115B.01 to 115B.18 for a release or threatened 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 own…

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 pollutan…

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 la…

115B.18 FAILURE TO TAKE REQUESTED ACTIONS; CIVIL PENALTIES; ACTION TO COMPEL PERFORMANCE; INJUNCTIVE RELIEF. § Subdivision 1.Civil penalties. (a) Any person responsible for a release or threatened release from a facility of a pollutant or contaminant which presents an imminent an…

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) …

115B.20 ACTIONS USING MONEY FROM REMEDIATION FUND. § Subdivision 1. [Repealed by amendment, 2003 c 128 art 2 s 12] § Subd. 2.Permissible expenditures. Money appropriated from the remediation fund under section 116.155, subdivision 2, paragraph (a), clause (1), may be spent only f…

115B.245 STATEWIDE DRINKING WATER CONTAMINATION MITIGATION PROGRAM. § Subdivision 1.Program established. The commissioner may design and construct, or may make grants to eligible grantees as provided under this section to design and construct, projects to provide safe drinking wa…

115B.25 DEFINITIONS. § Subdivision 1.Applicability. The definitions in this section apply to sections 115B.25 to 115B.37. § Subd. 1a.Fund. Except when another fund or account is specified, "fund" means the remediation fund established in section 116.155. § Subd. 2.Agency. "Agency…

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. T…

115B.28 POWERS AND DUTIES OF AGENCY. § Subdivision 1.Duties. In addition to performing duties specified in sections 115B.25 to 115B.37 or in other law, and subject to the limitations on disclosure contained in section 115B.35, the agency shall: (1) adopt rules, including rules go…

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 …

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 f…

115B.31 OTHER ACTIONS. § Subdivision 1.Subsequent action or claim prohibited in certain cases. (a) A person who has settled a claim for an eligible injury or eligible property damage with a responsible person, either before or after bringing an action in court for that injury or …

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…

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 h…

115B.34 COMPENSABLE LOSSES. § Subdivision 1.Personal injury losses. Losses compensable by the fund for personal injury are limited to: (1) medical expenses directly related to the claimant's injury; (2) up to two-thirds of the claimant's lost wages not to exceed $2,000 per month …

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 attor…

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 compensat…

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

115B.39 LANDFILL CLEANUP PROGRAM; ESTABLISHMENT. § Subdivision 1.Establishment. The landfill cleanup program is established to provide environmental response at qualified facilities and is to be administered by the commissioner. § Subd. 2.Definitions. (a) In addition to the defin…

115B.40 PROGRAM. § Subdivision 1.Response to releases. The commissioner may take any environmental response action, including emergency action, related to a release or threatened release of a hazardous substance, pollutant or contaminant, or decomposition gas from a qualified fac…

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 r…