HF 1779

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; the closed landfill 
  1.3             cleanup program; allowing additional facilities into 
  1.4             the closed landfill cleanup program; providing for the 
  1.5             release of liability at additional facilities for 
  1.6             insurers that participate in the statewide closed 
  1.7             landfill insurance settlement process; appropriating 
  1.8             money; amending Minnesota Statutes 1998, sections 
  1.9             115B.175, subdivision 2; 115B.39, subdivision 2; 
  1.10            115B.40, subdivisions 4 and 8; 115B.405, subdivision 
  1.11            1; 115B.412, subdivision 3; 115B.42, subdivisions 1 
  1.12            and 2; and 115B.43, subdivision 1; proposing coding 
  1.13            for new law in Minnesota Statutes, chapter 115B; 
  1.14            repealing Minnesota Statutes 1998, section 473.845, 
  1.15            subdivision 2. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1998, section 115B.175, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR 
  1.20  APPROVAL.] (a) The commissioner may approve a voluntary response 
  1.21  action plan submitted under this section that does not require 
  1.22  removal or remedy of all releases and threatened releases at an 
  1.23  identified area of real property if the commissioner determines 
  1.24  that all of the following criteria have been met: 
  1.25     (1) if reuse or development of the property is proposed, 
  1.26  the voluntary response action plan provides for all response 
  1.27  actions required to carry out the proposed reuse or development 
  1.28  in a manner that meets the same standards for protection that 
  1.29  apply to response actions taken or requested under section 
  1.30  115B.17, subdivision 1 or 2; 
  2.1      (2) the response actions and the activities associated with 
  2.2   any reuse or development proposed for the property will not 
  2.3   aggravate or contribute to releases or threatened releases that 
  2.4   are not required to be removed or remedied under the voluntary 
  2.5   response action plan, and will not interfere with or 
  2.6   substantially increase the cost of response actions to address 
  2.7   the remaining releases or threatened releases; and 
  2.8      (3) the owner of the property agrees to cooperate with the 
  2.9   commissioner or other persons acting at the direction of the 
  2.10  commissioner in taking response actions necessary to address 
  2.11  remaining releases or threatened releases, and to avoid any 
  2.12  action that interferes with the response actions. 
  2.13     (b) Under paragraph (a), clause (3), an owner may be 
  2.14  required to agree to any or all of the following terms necessary 
  2.15  to carry out response actions to address remaining releases or 
  2.16  threatened releases: 
  2.17     (1) to provide access to the property to the commissioner 
  2.18  and the commissioner's authorized representatives; 
  2.19     (2) to allow the commissioner, or persons acting at the 
  2.20  direction of the commissioner, to undertake reasonable and 
  2.21  necessary activities at the property including placement of 
  2.22  borings, wells, equipment, and structures on the property, 
  2.23  provided that the activities do not unreasonably interfere with 
  2.24  the proposed reuse or redevelopment; and 
  2.25     (3) to grant easements or other interests in the property 
  2.26  to the agency for any of the purposes provided in clause (1) or 
  2.27  (2). 
  2.28     (c) An agreement under paragraph (a), clause (3), must 
  2.29  apply to and be binding upon the successors and assigns of the 
  2.30  owner.  The owner shall record the agreement, or a memorandum 
  2.31  approved by the commissioner that summarizes the agreement, with 
  2.32  the county recorder or registrar of titles of the county where 
  2.33  the property is located. 
  2.34     (d) For the purpose of qualifying for a grant under section 
  2.35  116J.554, subdivision 1, paragraph (c), a letter from the 
  2.36  commissioner that no removal or remedial action is required 
  3.1   shall be considered an approved response action plan. 
  3.2      Sec. 2.  Minnesota Statutes 1998, section 115B.39, 
  3.3   subdivision 2, is amended to read: 
  3.4      Subd. 2.  [DEFINITIONS.] (a) In addition to the definitions 
  3.5   in this subdivision, the definitions in sections 115A.03 and 
  3.6   115B.02 apply to sections 115B.39 to 115B.445, except as 
  3.7   specifically modified in this subdivision. 
  3.8      (b) "Cleanup order" means a consent order between 
  3.9   responsible persons and the agency or an order issued by the 
  3.10  United States Environmental Protection Agency under section 106 
  3.11  of the federal Superfund Act. 
  3.12     (c) "Closure" means actions to prevent or minimize the 
  3.13  threat to public health and the environment posed by a mixed 
  3.14  municipal solid waste disposal facility that has stopped 
  3.15  accepting waste by controlling the sources of releases or 
  3.16  threatened releases at the facility.  "Closure" includes 
  3.17  removing contaminated equipment and liners; applying final 
  3.18  cover; grading and seeding final cover; installing wells, 
  3.19  borings, and other monitoring devices; constructing groundwater 
  3.20  and surface water diversion structures; and installing gas 
  3.21  control systems and site security systems, as necessary.  The 
  3.22  commissioner may authorize use of final cover that includes 
  3.23  processed materials that meet the requirements in Code of 
  3.24  Federal Regulations, title 40, section 503.32, paragraph (a). 
  3.25     (d) "Closure upgrade" means construction activity that 
  3.26  will, at a minimum, modify an existing cover so that it 
  3.27  satisfies current rule requirements for mixed municipal solid 
  3.28  waste land disposal facilities. 
  3.29     (e) "Contingency action" means organized, planned, or 
  3.30  coordinated courses of action to be followed in case of fire, 
  3.31  explosion, or release of solid waste, waste by-products, or 
  3.32  leachate that could threaten human health or the environment. 
  3.33     (f) "Corrective action" means steps taken to repair 
  3.34  facility structures including liners, monitoring wells, 
  3.35  separation equipment, covers, and aeration devices and to bring 
  3.36  the facility into compliance with design, construction, 
  4.1   groundwater, surface water, and air emission standards. 
  4.2      (g) "Decomposition gases" means gases produced by chemical 
  4.3   or microbial activity during the decomposition of solid waste. 
  4.4      (h) "Dump materials" means nonhazardous mixed municipal 
  4.5   solid wastes disposed at a Minnesota waste disposal site other 
  4.6   than a qualified facility prior to 1973. 
  4.7      (i) "Environmental response action" means response action 
  4.8   at a qualified facility, including corrective action, closure, 
  4.9   postclosure care; contingency action; environmental studies, 
  4.10  including remedial investigations and feasibility studies; 
  4.11  engineering, including remedial design; removal; remedial 
  4.12  action; site construction; and other similar cleanup-related 
  4.13  activities.  
  4.14     (j) "Environmental response costs" means: 
  4.15     (1) costs of environmental response action, not including 
  4.16  legal or administrative expenses; and 
  4.17     (2) costs required to be paid to the federal government 
  4.18  under section 107(a) of the federal Superfund Act, as amended. 
  4.19     (k) "Postclosure" or "postclosure care" means actions taken 
  4.20  for the care, maintenance, and monitoring of closure actions at 
  4.21  a mixed municipal solid waste disposal facility. 
  4.22     (l) "Qualified facility" means a mixed municipal solid 
  4.23  waste disposal facility, including adjacent property used for 
  4.24  unpermitted solid waste disposal, that: 
  4.25     (1)(i) is or was permitted by the agency; 
  4.26     (2) (ii) stopped accepting solid waste, except demolition 
  4.27  debris, for disposal by April 9, 1994; and 
  4.28     (3) (iii) stopped accepting demolition debris for disposal 
  4.29  by June 1, 1994, except that demolition debris may be accepted 
  4.30  until May 1, 1995, at a permitted area where disposal of 
  4.31  demolition debris is allowed, if the area where the demolition 
  4.32  debris is deposited is at least 50 feet from the fill boundary 
  4.33  of the area where mixed municipal solid waste was deposited; or 
  4.34     (2)(i) is or was permitted by the agency; and 
  4.35     (ii) stops accepting solid waste by January 1, 2000. 
  4.36     Sec. 3.  Minnesota Statutes 1998, section 115B.40, 
  5.1   subdivision 4, is amended to read: 
  5.2      Subd. 4.  [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 
  5.3   DUTIES.] (a) The owner or operator of a qualified facility that 
  5.4   is not subject to a cleanup order shall: 
  5.5      (1) complete closure activities at the facility, or enter 
  5.6   into a binding agreement with the commissioner to do so, as 
  5.7   provided in paragraph (d), within one year from the date the 
  5.8   owner or operator is notified by the commissioner under 
  5.9   subdivision 3 of the closure activities that are necessary to 
  5.10  properly close the facility in compliance with facility's 
  5.11  permit, closure orders, or enforcement agreement with the 
  5.12  agency, and with the solid waste rules in effect at the time the 
  5.13  facility stopped accepting waste; 
  5.14     (2) undertake or continue postclosure care at the facility 
  5.15  until the date of notice of compliance under subdivision 7; 
  5.16     (3) transfer to the commissioner of revenue for deposit in 
  5.17  the solid waste fund established in section 115B.42 any funds 
  5.18  required for proof of financial responsibility under section 
  5.19  116.07, subdivision 4h, that remain after facility closure and 
  5.20  any postclosure care and response action undertaken by the owner 
  5.21  or operator at the facility including, if proof of financial 
  5.22  responsibility is provided through a letter of credit or other 
  5.23  financial instrument or mechanism that does not accumulate money 
  5.24  in an account, the amount that would have accumulated had the 
  5.25  owner or operator utilized a trust fund, less any amount used 
  5.26  for closure, postclosure care, and response action at the 
  5.27  facility; 
  5.28     (4) provide the commissioner with a copy of all applicable 
  5.29  comprehensive general liability insurance policies and other 
  5.30  liability policies relating to property damage, certificates, or 
  5.31  other evidence of insurance coverage held during the life of the 
  5.32  facility; and 
  5.33     (5) enter into a binding agreement with the commissioner to:
  5.34     (i) take any actions necessary to preserve the owner or 
  5.35  operator's rights to payment or defense under insurance policies 
  5.36  included in clause (4); cooperate with the commissioner in 
  6.1   asserting claims under the policies; and, within 60 days of a 
  6.2   request by the commissioner, but no earlier than July 1, 1996, 
  6.3   assign only those rights under the policies related to 
  6.4   environmental response costs; 
  6.5      (ii) cooperate with the commissioner or other persons 
  6.6   acting at the direction of the commissioner in taking additional 
  6.7   environmental response actions necessary to address releases or 
  6.8   threatened releases and to avoid any action that interferes with 
  6.9   environmental response actions, including allowing entry to the 
  6.10  property and to the facility's records and allowing entry and 
  6.11  installation of equipment; and 
  6.12     (iii) refrain from developing or altering the use of 
  6.13  property described in any permit for the facility except after 
  6.14  consultation with the commissioner and in conformance with any 
  6.15  conditions established by the commissioner for that property, 
  6.16  including use restrictions, to protect public health and welfare 
  6.17  and the environment. 
  6.18     (b) The owner or operator of a qualified facility that is a 
  6.19  political subdivision may use a portion of any funds established 
  6.20  for response at the facility, which are available directly or 
  6.21  through a financial instrument or other financial arrangement, 
  6.22  for closure or postclosure care at the facility if funds 
  6.23  available for closure or postclosure care are inadequate and 
  6.24  shall assign the rights to any remainder to the commissioner. 
  6.25     (c) The agreement required in paragraph (a), clause (5), 
  6.26  must be in writing and must apply to and be binding upon the 
  6.27  successors and assigns of the owner.  The owner shall record the 
  6.28  agreement, or a memorandum approved by the commissioner that 
  6.29  summarizes the agreement, with the county recorder or registrar 
  6.30  of titles of the county where the property is located. 
  6.31     (d) A binding agreement entered into under paragraph (a), 
  6.32  clause (1), may include a provision that the owner or operator 
  6.33  will reimburse the commissioner for the costs of closing the 
  6.34  facility to the standard required in that clause. 
  6.35     (e) In order to comply with the requirements in paragraph 
  6.36  (a), clause (3), owners or operators of qualified facilities 
  7.1   must turn over to the commissioner a cash amount equal to the 
  7.2   sum of the current contingency action cost estimate, plus the 
  7.3   present value of the remaining postclosure care costs. 
  7.4      Sec. 4.  Minnesota Statutes 1998, section 115B.40, 
  7.5   subdivision 8, is amended to read: 
  7.6      Subd. 8.  [STATUTES OF LIMITATIONS.] (a) With respect to 
  7.7   claims for recovery of environmental response costs related to 
  7.8   qualified facilities, defined in section 115B.39, subdivision 2, 
  7.9   paragraph (l), clause (1), the running of all applicable periods 
  7.10  of limitation under state law is suspended until July 1, 2004. 
  7.11     (b) With respect to claims for recovery of environmental 
  7.12  response costs related to qualified facilities, defined in 
  7.13  section 115B.39, subdivision 2, paragraph (l), clause (2), the 
  7.14  running of all applicable periods of limitation under state law 
  7.15  is suspended until January 1, 2010. 
  7.16     (b) (c) A waiver of claims for recovery of environmental 
  7.17  response costs under this section or section 115B.43 is 
  7.18  extinguished for that portion of reimbursable costs under 
  7.19  section 115B.43 that have not been reimbursed by July 1, 2004. 
  7.20     Sec. 5.  Minnesota Statutes 1998, section 115B.405, 
  7.21  subdivision 1, is amended to read: 
  7.22     Subdivision 1.  [APPLICATION.] The owner or operator of a 
  7.23  qualified facility may apply to the commissioner for exclusion 
  7.24  from the landfill cleanup program under sections 115B.39, 
  7.25  115B.40, 115B.41, 115B.412, and 115B.43.  Applications for 
  7.26  qualified facilities, defined in section 115B.39, subdivision 2, 
  7.27  paragraph (l), clause (1), must be received by the commissioner 
  7.28  by February 1, 1995.  Applications for qualified facilities, 
  7.29  defined in section 115B.39, subdivision 2, paragraph (l), clause 
  7.30  (2), must be received by the commissioner by December 31, 1999.  
  7.31  The owner or operator of a qualified facility that is subject to 
  7.32  a federal cleanup order or that includes any portion that is 
  7.33  tax-forfeited may not apply for exclusion under this section.  
  7.34  In addition to other information required by the commissioner, 
  7.35  an application must include a disclosure of all financial 
  7.36  assurance accounts established for the facility.  Applications 
  8.1   for exclusion must: 
  8.2      (1) show that the operator or owner is complying with the 
  8.3   agency's rules adopted under section 116.07, subdivision 4h, and 
  8.4   is complying with a financial assurance plan for the facility 
  8.5   that the commissioner has approved after determining that the 
  8.6   plan is adequate to provide for closure, postclosure care, and 
  8.7   contingency action; 
  8.8      (2) demonstrate that the facility is closed or is in 
  8.9   compliance with a closure schedule approved by the commissioner; 
  8.10  and 
  8.11     (3) include a waiver of all claims for recovery of costs 
  8.12  incurred under sections 115B.01 to 115B.24 and the federal 
  8.13  Superfund Act at or related to a qualified facility. 
  8.14     Sec. 6.  Minnesota Statutes 1998, section 115B.412, 
  8.15  subdivision 3, is amended to read: 
  8.16     Subd. 3.  [ACQUISITION AND DISPOSITION OF REAL PROPERTY.] 
  8.17  The commissioner may acquire and dispose of real property the 
  8.18  commissioner deems reasonably necessary for environmental 
  8.19  response actions at or related to a qualified facility under 
  8.20  section 115B.17, subdivisions 15 and 16.  Revenue from the sale 
  8.21  or lease of real property shall be deposited in the solid waste 
  8.22  fund, established under section 115B.42. 
  8.23     Sec. 7.  Minnesota Statutes 1998, section 115B.42, 
  8.24  subdivision 1, is amended to read: 
  8.25     Subdivision 1.  [ESTABLISHMENT; APPROPRIATION; SEPARATE 
  8.26  ACCOUNTING.] (a) The solid waste fund is established in the 
  8.27  state treasury.  The fund consists of money credited to the fund 
  8.28  and interest earned on the money in the fund.  Except as 
  8.29  provided in subdivision 2, clause (7), money in the fund is 
  8.30  annually appropriated to the commissioner for the purposes 
  8.31  listed in subdivision 2. 
  8.32     (b) The commissioner of finance shall separately account 
  8.33  for revenue deposited in the fund from financial assurance funds 
  8.34  or other mechanisms, the metropolitan landfill contingency 
  8.35  action trust fund, and all other sources of revenue. 
  8.36     (c) The commissioner of finance shall transfer $....... 
  9.1   each fiscal year from the balance in the solid waste fund to a 
  9.2   perpetual care account within the fund.  The account shall be 
  9.3   managed to maximize long-term gain through the state board of 
  9.4   investment.  Money in the account may only be used for perpetual 
  9.5   care at qualified facilities that have been closed for 30 years 
  9.6   or more. 
  9.7      Sec. 8.  Minnesota Statutes 1998, section 115B.42, 
  9.8   subdivision 2, is amended to read: 
  9.9      Subd. 2.  [EXPENDITURES.] (a) Money in the fund may be 
  9.10  spent by the commissioner to: 
  9.11     (1) inspect permitted mixed municipal solid waste disposal 
  9.12  facilities to: 
  9.13     (i) evaluate the adequacy of final cover, slopes, 
  9.14  vegetation, and erosion control; 
  9.15     (ii) determine the presence and concentration of hazardous 
  9.16  substances, pollutants or contaminants, and decomposition gases; 
  9.17  and 
  9.18     (iii) determine the boundaries of fill areas; 
  9.19     (2) monitor and take, or reimburse others for, 
  9.20  environmental response actions, including emergency response 
  9.21  actions, at qualified facilities; 
  9.22     (3) acquire and dispose of property under section 115B.412, 
  9.23  subdivision 3; 
  9.24     (4) recover costs under section 115B.39; 
  9.25     (5) administer, including providing staff and 
  9.26  administrative support for, sections 115B.39 to 115B.445; 
  9.27     (6) enforce sections 115B.39 to 115B.445; 
  9.28     (7) subject to appropriation, administer the agency's 
  9.29  groundwater and solid waste management programs; 
  9.30     (8) subject to appropriation, until June 30, 2007, pay for 
  9.31  private water supply well monitoring and health assessment costs 
  9.32  of the commissioner of health in areas affected by unpermitted 
  9.33  mixed municipal solid waste disposal facilities; 
  9.34     (9) reimburse persons under section 115B.43; and 
  9.35     (9) (10) reimburse mediation expenses up to a total of 
  9.36  $250,000 annually or defense costs up to a total of $250,000 
 10.1   annually for third-party claims for response costs under state 
 10.2   or federal law as provided in section 115B.414; and 
 10.3      (11) subject to appropriation, perform environmental 
 10.4   assessments and response action at unpermitted mixed municipal 
 10.5   solid waste disposal facilities. 
 10.6      Sec. 9.  Minnesota Statutes 1998, section 115B.43, 
 10.7   subdivision 1, is amended to read: 
 10.8      Subdivision 1.  [GENERALLY.] Environmental response costs 
 10.9   at qualified facilities, defined in section 115B.39, subdivision 
 10.10  2, paragraph (l), clause (1), for which a notice of compliance 
 10.11  has been issued under section 115B.40, subdivision 7, are 
 10.12  reimbursable as provided in this section. 
 10.13     Sec. 10.  [115B.451] [DEFINITIONS.] 
 10.14     Subdivision 1.  [SCOPE OF APPLICATION.] For purposes of 
 10.15  sections 115B.451 to 115B.455, the following terms have the 
 10.16  meanings given. 
 10.17     Subd. 2.  [CLEANUP COSTS OR COSTS.] "Cleanup costs" or 
 10.18  "costs" means the costs of developing and implementing a 
 10.19  response action plan, but does not include implementation costs 
 10.20  incurred before the award of a grant unless the application for 
 10.21  the grant was submitted within 180 days after the response 
 10.22  action plan was approved by the commissioner. 
 10.23     Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
 10.24  commissioner of the pollution control agency. 
 10.25     Subd. 4.  [MUNICIPALITY.] "Municipality" means the 
 10.26  statutory or home rule charter city, town, or, in the case of 
 10.27  unorganized territory, the county in which the qualified site is 
 10.28  located. 
 10.29     Subd. 5.  [QUALIFIED MUNICIPAL DUMP SITE OR QUALIFIED 
 10.30  SITE.] "Qualified municipal dump site" or "qualified site" means 
 10.31  a mixed municipal waste disposal facility, including adjacent 
 10.32  property used for solid waste disposal, that: 
 10.33     (1) stopped accepting mixed municipal solid waste by 
 10.34  January 1, 1973; 
 10.35     (2) is over 50 percent publicly owned on January 1, 1999; 
 10.36  and 
 11.1      (3) on January 1, 1999, was listed on the permanent list of 
 11.2   priorities under section 115B.17, subdivision 13. 
 11.3      Subd. 6.  [RESPONSE ACTION PLAN.] "Response action plan" 
 11.4   means a response action plan approved by the commissioner. 
 11.5      Sec. 11.  [115B.452] [GRANT APPLICATION.] 
 11.6      Subdivision 1.  [APPLICATION REQUIRED.] To obtain a 
 11.7   municipal dump cleanup grant, the municipality shall apply to 
 11.8   the commissioner.  The governing body of the municipality must 
 11.9   approve, by resolution, the application. 
 11.10     Subd. 2.  [REQUIRED CONTENT.] The commissioner shall 
 11.11  prescribe and provide the application form.  The application 
 11.12  must include at least the following information: 
 11.13     (1) identification of the qualified site; 
 11.14     (2) an approved response action plan for the qualified 
 11.15  site, including the results of engineering and other tests 
 11.16  showing the nature and extent of the release or threatened 
 11.17  release of contaminants at the qualified site; 
 11.18     (3) a detailed estimate, along with necessary supporting 
 11.19  evidence, of the total cleanup costs for the qualified site; 
 11.20     (4) an appraisal of the current market value of the 
 11.21  property, separately taking into account the effect of the 
 11.22  contaminants on the market value, prepared by a qualified 
 11.23  independent appraiser using accepted appraisal methodology; 
 11.24     (5) an assessment of the development potential or likely 
 11.25  use of the qualified site after completion of the response 
 11.26  action plan, including any specific commitments from third 
 11.27  parties to construct improvements on the qualified site; and 
 11.28     (6) any additional information or material that the 
 11.29  commissioner prescribes. 
 11.30     Sec. 12.  [115B.453] [GRANTS.] 
 11.31     Subdivision 1.  [AUTHORITY.] The commissioner may make a 
 11.32  grant to an applicant municipality to pay for up to 100 percent 
 11.33  of the project costs for a qualified site. 
 11.34     Subd. 2.  [PRIORITIES.] If applications for grants for 
 11.35  qualified sites exceed the available appropriations, the 
 11.36  commissioner shall prioritize the grants based on the following 
 12.1   factors: 
 12.2      (1) the potential threat to public health and the 
 12.3   environment that would be reduced or eliminated by completion of 
 12.4   each of the response action plans; 
 12.5      (2) the lack of availability for financing cleanup of the 
 12.6   qualified site under other state or federal cleanup programs; 
 12.7   and 
 12.8      (3) the lack of development potential for the qualified 
 12.9   site. 
 12.10     The factors are not listed in a rank order of priority; 
 12.11  rather the commissioner may weigh each factor, depending upon 
 12.12  the facts and circumstances, as the commissioner considers 
 12.13  appropriate. 
 12.14     Subd. 3.  [REPORTING TO LEGISLATURE.] By November 1 of each 
 12.15  even-numbered year, the commissioner shall report to the 
 12.16  legislative committees and divisions with jurisdiction over 
 12.17  environmental policy and finance on the status of the cleanup 
 12.18  projects undertaken with grants made under this section.  The 
 12.19  commissioner shall include in the report information on the 
 12.20  cleanup activities undertaken for the grants made in that and 
 12.21  previous fiscal years. 
 12.22     Sec. 13.  [115B.454] [COST RECOVERY ACTIONS.] 
 12.23     Subdivision 1.  [CAUSE OF ACTION.] The attorney general, or 
 12.24  a municipality that incurs cleanup costs to implement an 
 12.25  approved response action plan pursuant to sections 115B.451 to 
 12.26  115B.455, may bring an action under section 115B.04 or other law 
 12.27  to recover the reasonable and necessary cleanup costs incurred 
 12.28  by the municipality.  The attorney general or municipality may 
 12.29  recover all cleanup costs incurred whether paid from the 
 12.30  proceeds of a grant under sections 115B.451 to 115B.455 or funds 
 12.31  of the municipality.  Recoverable costs include administrative 
 12.32  and legal costs related to the development and implementation of 
 12.33  the response action plan but do not include any costs associated 
 12.34  with development or redevelopment of property.  A municipality 
 12.35  must have the consent of the attorney general to bring or settle 
 12.36  an action under this subdivision to recover cleanup costs paid 
 13.1   from the proceeds of a grant. 
 13.2      Subd. 2.  [PROCEDURES.] The commissioner shall notify the 
 13.3   attorney general when a grant is awarded under sections 115B.451 
 13.4   to 115B.455.  Upon request of the attorney general, the 
 13.5   municipality shall prepare and submit a certification of the 
 13.6   cleanup costs and shall cooperate in any cost recovery action 
 13.7   brought by the attorney general under subdivision 1.  
 13.8   Certification by the municipality of the cleanup costs incurred 
 13.9   to develop and implement the approved response action plan is 
 13.10  prima facie evidence that the costs are reasonable and necessary 
 13.11  in any action brought under this section. 
 13.12     Subd. 3.  [ATTORNEY GENERAL ASSISTANCE AND COSTS.] (a) The 
 13.13  attorney general may assist a municipality, if requested to do 
 13.14  so, in bringing an action under subdivision 1 by providing legal 
 13.15  and technical advice or other appropriate assistance.  The 
 13.16  attorney general shall not assess any fee to the municipality 
 13.17  for the assistance but may recover the cost of the assistance as 
 13.18  provided in paragraph (b). 
 13.19     (b) If the attorney general brings or assists in an action 
 13.20  brought under subdivision 1, the reasonable litigation expenses 
 13.21  or other costs of legal or technical assistance incurred by the 
 13.22  attorney general must be deducted from any recovery and paid to 
 13.23  the attorney general before proceeds of the recovery are 
 13.24  otherwise distributed.  The attorney general shall deposit any 
 13.25  money so deducted in the general fund. 
 13.26     Subd. 4.  [DISPOSITION OF RECOVERED AMOUNTS.] Amounts 
 13.27  recovered from responsible persons, after any deduction under 
 13.28  subdivision 3, and all other amounts otherwise received by the 
 13.29  municipality, the agency, or the attorney general for the 
 13.30  qualified site shall be used to reimburse the municipality and 
 13.31  the solid waste fund in proportion to their respective payments 
 13.32  for response costs. 
 13.33     Sec. 14.  [115B.455] [EFFECT OF ISSUANCE OF GRANTS.] 
 13.34     The issuance of a municipal dump cleanup grant under 
 13.35  sections 115B.451 to 115B.455 has no effect on the 
 13.36  responsibility or the liability of the state, under this chapter 
 14.1   or any other law, in relation to the contamination at a site or 
 14.2   sites for which the grant is issued.  The issuance of a grant 
 14.3   neither implies any state responsibility for the contamination 
 14.4   nor imposes any obligation on the state to participate in the 
 14.5   cleanup of the contamination or in the cleanup costs beyond the 
 14.6   amount of the grant. 
 14.7      Sec. 15.  [APPROPRIATION; 2000 MUNICIPAL DUMP REPORT.] 
 14.8      (a) $....... in fiscal year 2000 and $....... in fiscal 
 14.9   year 2001 are appropriated from the solid waste fund to the 
 14.10  pollution control agency for municipal dump cleanup grants under 
 14.11  Minnesota Statutes, sections 115B.451 to 115B.455.  This 
 14.12  appropriation is available until June 30, 2001. 
 14.13     (b) $....... is appropriated from the solid waste fund to 
 14.14  the pollution control agency for evaluation of unpermitted mixed 
 14.15  municipal solid waste disposal facilities to determine the 
 14.16  presence and concentration of hazardous substances, pollutants 
 14.17  or contaminants, and decomposition gases, and to determine the 
 14.18  boundaries of fill areas.  This appropriation is available until 
 14.19  June 30, 2001.  As a part of the November 1, 2000, report 
 14.20  required in Minnesota Statutes, section 115B.453, subdivision 3, 
 14.21  the commissioner shall report on results of the investigation of 
 14.22  unpermitted mixed municipal solid waste disposal facilities.  
 14.23  The report must include recommendations for the inclusion of 
 14.24  sites in the municipal dump cleanup program under Minnesota 
 14.25  Statutes, sections 115B.451 to 115B.455. 
 14.26     Sec. 16.  [REPEALER.] 
 14.27     (a) Minnesota Statutes 1998, section 473.845, subdivision 
 14.28  2, is repealed. 
 14.29     (b) Sections 10 to 14 are repealed effective June 30, 2007. 
 14.30     Sec. 17.  [EFFECTIVE DATE.] 
 14.31     Sections 1 to 6 are effective the day following final 
 14.32  enactment.