§ 115B.49 — Dry Cleaner Environmental Response and Reimbursement Account
Plain-Language Summary
This section creates the dry cleaner environmental response and reimbursement account within the remediation fund, funded by registration fees, solvent fees, and interest. Dry cleaning facility owners must register annually by October 1 and pay a fee based on size: $500 for fewer than 5 FTE workers, $1,000 for 5–10 FTE, and $1,500 for more than 10 FTE. Sellers of dry cleaning solvents must also collect a fee — $3.50 per gallon of perchloroethylene, $0.70 per gallon of hydrocarbon-based solvents, and $0.35 per gallon of other solvents — and remit it to the Department of Revenue. The commissioner adjusts fees each year as needed to maintain roughly $650,000 of annual income to the account.
115B.49 DRY CLEANER ENVIRONMENTAL RESPONSE AND REIMBURSEMENT ACCOUNT.
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Subdivision 1.Establishment.
The dry cleaner environmental response and reimbursement account is established as an account in the remediation fund. §
Subd. 2.Revenue sources.
Revenue from the following sources must be deposited in the state treasury and credited to the account:
(1) the proceeds of the fees imposed by subdivision 4;
(2) interest attributable to investment of money in the account;
(3) penalties and interest collected under subdivision 4, paragraph (c); and
(4) money received by the commissioner for deposit in the account in the form of gifts, grants, and appropriations. §
Subd. 3.Expenditures.
(a) Money in the account may be used:
(1) for environmental response costs incurred by the commissioner under section 115B.50, subdivision 1;
(2) for reimbursement of amounts spent by the commissioner from the remediation fund for expenses described in clause (1);
(3) for reimbursements under section 115B.50, subdivision 2; and
(4) for administrative costs of the commissioner of revenue.
(b) Money in the account is appropriated to the commissioner for the purposes of this subdivision. The commissioner shall transfer funds to the commissioner of revenue sufficient to cover administrative costs pursuant to paragraph (a), clause (4).
(c) In making reimbursements from the account, the commissioner must give priority to the following cases, in descending order:
(1) reimbursements for amounts spent on response actions by a person who meets the conditions of section 115B.48, subdivision 10, clause (2); and
(2) reimbursements for expenditures made by the commissioner under paragraph (a), clause (1) or (2), on behalf of owners or operators when the owner or operator failed to complete the requested response action and the commissioner undertook the response action to remediate the property. §
Subd. 4.Registration; fees.
(a) The owner or operator of a dry cleaning facility shall register on or before October 1 of each year with the commissioner of revenue in a manner prescribed by the commissioner of revenue and pay a registration fee for the facility. The amount of the fee is:
(1) $500, for facilities with a full-time equivalence of fewer than five;
(2) $1,000, for facilities with a full-time equivalence of five to ten; and
(3) $1,500, for facilities with a full-time equivalence of more than ten.
The registration fee must be paid on or before October 18 or the owner or operator of a dry cleaning facility may elect to pay the fee in equal installments. Installment payments must be paid on or before October 18, on or before January 18, on or before April 18, and on or before June 18. All payments made after October 18 bear interest at the rate specified in section 270C.40.
(b) A person who sells dry cleaning solvents for use by dry cleaning facilities in the state shall collect and remit to the commissioner of revenue in the same manner prescribed by the commissioner of revenue, for the taxes imposed under chapter 297A, a fee of:
(1) $3.50 for each gallon of perchloroethylene sold for use by dry cleaning facilities in the state;
(2) 70 cents for each gallon of hydrocarbon-based dry cleaning solvent sold for use by dry cleaning facilities in the state; and
(3) 35 cents for each gallon of other nonaqueous solvents sold for use by dry cleaning facilities in the state.
(c) The audit, assessment, appeal, collection, enforcement, and administrative provisions of chapters 270C and 289A apply to the fee imposed by this subdivision. To enforce this subdivision, the commissioner of revenue may grant extensions to file returns and pay fees, impose penalties and interest on the annual registration fee under paragraph (a) and the monthly fee under paragraph (b), and abate penalties and interest in the manner provided in chapters 270C and 289A. The penalties and interest imposed on taxes under chapter 297A apply to the fees imposed under this subdivision. Disclosure of data collected by the commissioner of revenue under this subdivision is governed by chapter 270B. §
Subd. 4a.
[Repealed, 2005 c 10 art 1 s 82; 2005 c 157 s 2] §
Subd. 4b.Fee adjustment.
Notwithstanding section 16A.1285, each fiscal year the commissioner shall adjust the fees in subdivision 4 as necessary to maintain an annual income to the account of $650,000.
History:
1995 c 252 s 3; 1996 c 471 art 2 s 3,4; 1997 c 216 s 112; 1999 c 250 art 3 s 14,15; 2000 c 333 s 1,2; 1Sp2001 c 2 s 128; 2002 c 324 s 2; 2003 c 128 art 2 s 33,34; 2005 c 151 art 2 s 2; 2005 c 157 s 1; 2006 c 259 art 7 s 1; 2014 c 308 art 9 s 11; 2021 c 5 s 1
History: History: 1995 c 252 s 3; 1996 c 471 art 2 s 3,4; 1997 c 216 s 112; 1999 c 250 art 3 s 14,15; 2000 c 333 s 1,2; 1Sp2001 c 2 s 128; 2002 c 324 s 2; 2003 c 128 art 2 s 33,34; 2005 c 151 art 2 s 2; 2005 c 157 s 1; 2006 c 259 art 7 s 1; 2014 c 308 art 9 s 11; 2021 c 5 s 1