§ 115B.402 — Illegal Actions at Qualified Facilities
Plain-Language Summary
Even when the state takes over cleanup responsibility for a qualified landfill facility, it can still recover cleanup costs from any person who violated federal or state hazardous waste laws in connection with the release. The commissioner's determination of the portion of costs attributable to that person — based on the volume and toxicity of their waste — is treated as prima facie evidence in a cost recovery action.
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:
History: History:
1994 c 639 art 1 s 4