2025 Session Last amended: 1995 session

§ 115B.51 — Illegal Actions

Plain-Language Summary

If someone caused or contributed to a release at a dry cleaning facility through actions that violated federal or state hazardous waste laws at the time, the state can recover cleanup costs from that person — even if the dry cleaner environmental program otherwise limits cost recovery. This exception to the general $10,000 liability limit applies when a person's illegal waste management conduct is what caused the contamination.

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

History: History:

  1995 c 252 s 5

Practical Notes

This section is the enforcement backstop for bad actors in the dry cleaning program. A dry cleaning owner or operator who illegally disposed of solvents in violation of hazardous waste laws cannot hide behind the $10,000 liability cap in section 115B.50 — the full cost of cleanup attributable to those illegal actions is recoverable. Owners who purchased a previously contaminated facility should document that any contamination predates their operation and was not the result of their own practices.

Source: Minnesota Office of the Revisor of Statutes