§ 115A.99 — Litter; Penalties and Damages
Plain-Language Summary
This section allows state agencies and local governments to sue people who illegally dump solid waste on public or private land, roadways, or in water. The civil penalty is two to five times the cost of cleaning up the illegally dumped waste, plus legal costs and damages for harm to the land or water. Private landowners whose property is dumped on can join the government's lawsuit to recover their own damages.
115A.99 LITTER; PENALTIES AND DAMAGES.
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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
History: History: 1Sp1989 c 1 art 20 s 17; 1994 c 412 s 2; 2007 c 13 art 3 s 10