HF 2212

as introduced - 90th Legislature (2017 - 2018) Posted on 05/01/2017 02:34pm

A bill for an act
relating to environment; modifying landfill cleanup program; amending Minnesota
Statutes 2016, sections 115B.41, subdivisions 1, 2; 115B.42, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 115B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 115B.41, subdivision 1, is amended to read:

Subdivision 1.

Allocation and recovery of costs.

(a) deleted text begin A person who deleted text end new text begin An owner or operator
that new text end is subject to the requirements in section 115B.40, subdivision 4 or 5, paragraph (b), is
responsible for all environmental response costs incurred by the commissioner at or related
to the facility until the date of notice of compliance under section 115B.40, subdivision 7.
The commissioner may use any funds available for closure, postclosure care, and response
action established by the owner or operator. If those funds are insufficient or if the owner
or operator fails to assign rights to them to the commissioner, the commissioner may seek
recovery of environmental response costs against the owner or operator in the county of
Ramsey or in the county where the facility is located or where the owner or operator resides.

(b) In an action brought under this subdivision in which the commissioner prevails, the
court shall award the commissioner reasonable attorney fees and other litigation expenses
incurred by the commissioner to bring the action. All costs, fees, and expenses recovered
under this subdivision must be deposited in the remediation fund established in section
116.155.

Sec. 2.

Minnesota Statutes 2016, section 115B.41, subdivision 2, is amended to read:

Subd. 2.

Environmental response costs; liens.

All environmental response new text begin action new text end costs,
including administrative and legal expenses, incurred by the commissioner at a qualified
facility before the date of notice of compliance under section 115B.40, subdivision 7,
constitute a lien in favor of the state upon any real property located in the state, other than
homestead property, owned by the owner or operator who is subject to the requirements of
section 115B.40, subdivision 4 or 5. A lien under this subdivision attaches when the
environmental response costs are first incurred and continues until the lien is satisfied or
becomes unenforceable as for an environmental lien under section 514.672. Notice, filing,
and release of the lien are governed by sections 514.671 to 514.676, except where those
requirements specifically are related to only cleanup action expenses as defined in section
514.671. Relative priority of a lien under this subdivision is governed by section 514.672,
except that a lien attached to property that was included in any permit for the solid waste
disposal facility takes precedence over all other liens regardless of when the other liens
were or are perfected. Amounts received to satisfy all or a part of a lien must be deposited
in the remediation fund.

Sec. 3.

Minnesota Statutes 2016, section 115B.42, subdivision 2, is amended to read:

Subd. 2.

Expenditures.

The commissioner may spend money from the remediation fund
under section 116.155, subdivision 2, paragraph (a), clause (2), to:

(1) inspect permitted mixed municipal solid waste disposal facilities to:

(i) evaluate the adequacy of final cover, slopes, vegetation, and erosion control;

(ii) determine the presence and concentration of hazardous substances, pollutants or
contaminants, and decomposition gases; and

(iii) determine the boundaries of fill areas;

(2) monitor and take, or reimburse others for, environmental response actions, including
emergency response actions, at qualified facilities;

(3) acquire and dispose of property under section 115B.412, subdivision 3;

(4) recover costs under section 115B.39;

(5) administer, including providing staff and administrative support for, sections 115B.39
to 115B.445;

(6) enforce sections 115B.39 to 115B.445;

(7) pay for private water supply well monitoring and health assessment costs of the
commissioner of health in areas affected by unpermitted mixed municipal solid waste
disposal facilities;

(8) reimburse persons under section 115B.43;

(9) reimburse mediation expenses up to a total of $250,000 annually or defense costs
up to a total of $250,000 annually for third-party claims for response costs under state or
federal law as provided in section 115B.414; deleted text begin and
deleted text end

(10) perform environmental assessments, up to $1,000,000, at unpermitted mixed
municipal solid waste disposal facilities deleted text begin . deleted text end new text begin ; and
new text end

new text begin (11) make expenditures on behalf of indemnified parties under section 115B.431.
new text end

Sec. 4.

new text begin [115B.431] INDEMNIFYING RESPONSIBLE PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Indemnification. new text end

new text begin In the case of a qualified facility as defined in section
115B.39, subdivision 2, paragraph (l), clause (1), when the owner or operator has received
notice under section 115B.40, subdivision 3, and within 15 years after receiving the notice
has not entered into an agreement with the commissioner of the Pollution Control Agency,
the commissioner may enter into an indemnification agreement, under which the
commissioner indemnifies an eligible person under subdivision 2 and holds the eligible
person harmless for liability related to the qualified facility under the federal Superfund
program.
new text end

new text begin Subd. 2. new text end

new text begin Eligible persons. new text end

new text begin A person who is not an owner or operator of a qualified
facility is eligible to enter into an indemnification agreement with the commissioner provided
the person agrees to:
new text end

new text begin (1) waive all claims for environmental response costs related to the facility against all
persons other than the owner or operator;
new text end

new text begin (2) provide the commissioner with a copy of all applicable comprehensive general
liability insurance policies and other liability policies relating to property damage, certificates,
or other evidence of insurance coverage held during the life of the facility; and
new text end

new text begin (3) enter into a binding agreement with the commissioner to take any actions necessary
to preserve the person's rights to payment or defense under insurance policies, cooperate
with the commissioner in asserting the claims under the policies, and assign those rights
under the policies related to environmental response costs.
new text end

new text begin Subd. 3. new text end

new text begin Terms of indemnification. new text end

new text begin (a) In consideration of the indemnitee's agreement
to enter into an agreement under this section, the commissioner covenants not to sue or take
administrative action against the indemnitee and further agrees to indemnify and hold the
indemnitee harmless from all claims or liability for state or federal environmental response
costs at the qualified facility that is the subject of the agreement, including natural resource
damages if addressed in the agreement, and claims made by a responsible person or group
of responsible persons under state or federal law for payment of response costs and related
costs at the qualified facility.
new text end

new text begin (b) To the extent allowed under applicable law, a person who enters into an
indemnification agreement under this section is not liable for claims for contribution
regarding matters addressed in the agreement. As a condition of the agreement, the person
must waive the person's rights to seek contribution for any amounts paid on the person's
behalf under the agreement. This section does not limit the state's ability to seek contribution
on the person's behalf.
new text end