Chapter 115B — Environmental Response and Liability Act

115B.01 Citation This section gives the official name to sections 115B.01 through 115B.20. These sections are called the 'Environmental … 115B.02 Definitions This section defines all the key terms used in the Environmental Response and Liability Act. It explains what words like … 115B.03 Responsible Person This section explains who counts as a 'responsible person' for a hazardous substance release. You are responsible if you … 115B.04 Liability for Response Costs and Natural Resources; Limitations and Defenses This section makes responsible persons strictly liable for cleanup costs, removal costs, and damages to natural … 115B.05 Liability for Economic Loss, Death, Personal Injury, and Disease; Limitations and Defenses This section makes responsible persons strictly liable for economic losses, property damage, death, personal injury, and … 115B.055 Effect of Removing and Repealing Certain Provisions This section says that changes made to the law over the years should not be used to guess what the legislature intended … 115B.06 Application to Past Actions This section limits the reach of the personal injury liability provisions. Claims for damages under section 115B.05 … 115B.07 This section has been repealed. It previously contained provisions that were removed by the legislature in 1985. 115B.08 Apportionment and Contribution When multiple parties are held jointly and severally liable for cleanup costs, this section allows a court to divide … 115B.09 Comparative Fault and Contribution This section says that Minnesota's comparative fault and contribution rules apply to personal injury and damage lawsuits … 115B.10 No Avoidance of Liability; Insurance and Subrogation You cannot escape liability under this act by selling your property or signing an agreement that makes someone else … 115B.11 Statute of Limitations This section sets time limits for filing lawsuits under the Environmental Response and Liability Act. Actions to recover … 115B.12 Other Remedies Preserved This section makes clear that the Environmental Response and Liability Act does not replace or limit any other legal … 115B.13 Double Recovery Prohibited You cannot collect the same cleanup costs or damages twice. If you recover money under this act, you cannot recover the … 115B.14 Awarding Costs The winning party in a lawsuit under this act can ask the court to award costs, disbursements, reasonable attorney fees, … 115B.15 Applicability This act applies to any hazardous substance release that happened on or after July 1, 1983, including releases that … 115B.16 Disposition of Facilities This section controls what happens to property that was used for hazardous waste disposal. You cannot use the property … 115B.17 State Response to Releases This is a major section that gives the state broad power to respond to hazardous substance releases. The agency can take … 115B.171 Testing for Private Wells; East Metropolitan Area This section requires the Pollution Control Agency to test private wells for PFC (per- and poly-fluorinated chemical) … 115B.172 Natural Resources Damages Account This section creates the natural resources damages account within the remediation fund. Money in this account comes from … 115B.175 Voluntary Response Actions; Liability Protection; Procedures This section creates a voluntary cleanup program that protects people from environmental liability. If you clean up a … 115B.177 Owner of Real Property Affected by Off-site Release If contamination on someone else's property spreads onto your property, the commissioner can issue a written … 115B.178 Association With Release; Commissioner's Determination The commissioner can issue written determinations that certain actions taken on contaminated property will not make the … 115B.179 Commissioner's Authority Not Limited This section clarifies that the commissioner's power to make determinations and agreements under sections 115B.177 and … 115B.18 Failure to Take Requested Actions; Civil Penalties; Action to Compel Performance; Injunctive Relief If a responsible person fails to take cleanup actions requested by the agency, they can face civil penalties of up to … 115B.19 Purpose of Remediation Fund This section states the legislature's goals for the remediation fund. The fund is meant to encourage proper disposal of … 115B.20 Actions Using Money From Remediation Fund This section lists what the remediation fund money can be spent on. Allowed uses include investigation and cleanup of … 115B.21 This section has been repealed. It was removed from the statutes by Laws 1993, chapter 172, section 93. 115B.22 This section has been repealed. All subdivisions were removed by Laws 1993, chapter 172, section 93. 115B.223 This section has been repealed. It was removed by Laws 1993 and Laws 1997. 115B.224 This section has been repealed. It was removed by Laws 1993 and Laws 1997. 115B.23 This section has been repealed. It was removed by Laws 1993, chapter 172, section 93. 115B.24 This section has been repealed. It was removed by Laws 1993, chapter 172, section 93. 115B.241 This section has been repealed. It was removed by Laws 2004, chapter 228, article 1, section 76. 115B.245 Statewide Drinking Water Contamination Mitigation Program This section creates a statewide program to help communities deal with drinking water contaminated by hazardous … 115B.25 Definitions This section defines terms used in the environmental compensation claims program (sections 115B.25 through 115B.37). Key … 115B.26 Paying Claims This section explains how compensation claims under the environmental claims program are paid. The legislature must … 115B.27 This section has been repealed. It was removed by Laws 2002, chapter 379, article 2, section 24. 115B.28 Powers and Duties of Agency This section gives the Pollution Control Agency its powers and duties for handling compensation claims. The agency must … 115B.29 Eligible Persons A person who was injured or whose property was damaged by exposure to a harmful substance released from a facility in … 115B.30 Eligible Injury and Damage To qualify for compensation from the state's harmful substance fund, a personal injury must be a medically verified … 115B.31 Other Actions A claimant who has already settled a lawsuit or received a court judgment for the same injury or property damage cannot … 115B.32 Claim for Compensation A claim for compensation from the harmful substance fund must be filed with the Pollution Control Agency in the required … 115B.33 Claim Standards To receive compensation from the harmful substance fund, a claimant must prove by a preponderance of the evidence (more … 115B.34 Compensable Losses Compensation from the harmful substance fund for personal injury is limited to: medical expenses, up to two-thirds of … 115B.35 Determining Claims The Pollution Control Agency reviews claim materials and may conduct an investigation before issuing a preliminary … 115B.36 Amount and Form of Payment When the agency approves a claim, it calculates the net uncompensated loss by subtracting any compensation already … 115B.37 Attorney Fees The Pollution Control Agency may adopt rules limiting how much an attorney can charge for representing a claimant in a … 115B.39 Landfill Cleanup Program; Establishment The Landfill Cleanup Program is a state program that funds environmental cleanup at qualified mixed municipal solid … 115B.40 Program The Pollution Control Agency commissioner can take any environmental response action at a qualified landfill facility, … 115B.402 Illegal Actions at Qualified Facilities Even when the state takes over cleanup responsibility for a qualified landfill facility, it can still recover cleanup … 115B.403 Accepting Dump Materials to Augment Closure or Closure Upgrade Activities at Qualified Facilities The commissioner may allow old unpermitted dump materials from publicly owned sites to be deposited at qualified … 115B.405 Excluded Facilities A qualified landfill facility owner may apply to be excluded from the state's Landfill Cleanup Program if they have … 115B.406 Priority Qualified Facilities Priority qualified facilities — the most contaminated old landfills listed on federal or state Superfund lists that have … 115B.407 Acquiring and Disposing of Real Property at Priority Qualified Facilities The Pollution Control Agency commissioner may acquire real property interests — by donation or eminent domain — at … 115B.408 Depositing Proceeds All money paid to the state under the priority qualified facility penalty and property acquisition provisions must be … 115B.41 Allocating Costs; Failure to Comply Qualified landfill facility owners and operators who fail to complete their closure and postclosure obligations are … 115B.412 Program Operation This section governs the operational mechanics of the Landfill Cleanup Program, including the agency's authority to … 115B.414 Third-party Claims; Mediation; Defense When businesses or households are sued for cleanup costs at an old landfill based solely on statistical or … 115B.42 Remediation Fund The state remediation fund can be used for a range of landfill cleanup activities including inspecting permitted … 115B.421 Closed Landfill Investment Fund The Closed Landfill Investment Fund is a dedicated state fund invested through the State Board of Investment to generate … 115B.43 Reimbursable Parties and Expenses Owners, operators, and other persons who incurred environmental response costs at qualified landfills before receiving a … 115B.431 Closed Landfill Solar Redevelopment and Reuse Account The state has established a dedicated account within the remediation fund to support solar energy development on closed … 115B.44 This section was repealed by Laws 1996, chapter 370, section 7. It no longer contains active law. 115B.441 Insurance Claims Settlement and Recovery Process; Findings and Purpose The legislature recognized that insurance policies held by landfill owners and operators may cover environmental cleanup … 115B.442 Settlement Process; Information Gathering The Pollution Control Agency commissioner and attorney general must identify qualified landfill facilities, determine … 115B.443 Settlement Process After estimating cleanup costs for a qualified landfill, the attorney general makes a written settlement offer to … 115B.444 State Action Against Insurers If an insurer fails to settle, the attorney general may sue the insurer directly to recover environmental cleanup costs … 115B.445 Depositing Proceeds All money paid to the state by insurers — whether through negotiated settlements or court judgments — under the … 115B.45 This section was repealed by Laws 1996, chapter 370, section 7. It no longer contains active law. 115B.46 This section was repealed by Laws 1996, chapter 370, section 7. It no longer contains active law. 115B.47 Citation Sections 115B.47 through 115B.51 are officially named the 'Dry Cleaner Environmental Response and Reimbursement Law.' … 115B.48 Definitions This section defines key terms used in the Dry Cleaner Environmental Response and Reimbursement Law. A 'dry cleaning … 115B.49 Dry Cleaner Environmental Response and Reimbursement Account This section creates the dry cleaner environmental response and reimbursement account within the remediation fund, … 115B.491 Dry Cleaning Facility Use Fee; Facilities to File Return A dry cleaning facility that buys solvents from a seller who did not collect the solvent fee under section 115B.49 must … 115B.492 Allocating Payment When the Department of Revenue receives fee payments from a dry cleaning business, it has discretion to apply those … 115B.50 Response Actions The Pollution Control Agency commissioner has authority to take cleanup action at dry cleaning sites and must reimburse … 115B.51 Illegal Actions If someone caused or contributed to a release at a dry cleaning facility through actions that violated federal or state … 115B.52 Water Quality and Sustainability Account This section creates the water quality and sustainability account in the remediation fund, funded by Minnesota's 2018 … 115B.53 Water Quality and Sustainability Stakeholders The Pollution Control Agency and the Department of Natural Resources must work with a stakeholder group to identify and …