HF 488

4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to petroleum tank release cleanup fund; 
  1.3             providing for payment for a site assessment prior to 
  1.4             tank removal; establishing registration requirements 
  1.5             for consultants and contractors; modifying 
  1.6             reimbursement provisions; adding requirements for tank 
  1.7             monitoring; amending Minnesota Statutes 1994, sections 
  1.8             115C.02, subdivision 11, and by adding subdivisions; 
  1.9             115C.03, subdivision 10; 115C.09, subdivisions 2, 3, 
  1.10            3b, and 3c; 115C.11, subdivision 1; 115C.12; and 
  1.11            115C.13; proposing coding for new law in Minnesota 
  1.12            Statutes, chapters 115C; and 116. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 115C.02, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 4a.  [COMMISSIONER'S SITE REPORT.] "Commissioner's 
  1.17  site report" means the report required under Minnesota Rules, 
  1.18  part 2890.0090, subpart 6. 
  1.19     Sec. 2.  Minnesota Statutes 1994, section 115C.02, 
  1.20  subdivision 11, is amended to read: 
  1.21     Subd. 11.  [POLITICAL SUBDIVISION.] "Political subdivision" 
  1.22  means a county, a town, or a statutory or home rule charter 
  1.23  city, a housing and redevelopment authority, an economic 
  1.24  development authority, or a port authority. 
  1.25     Sec. 3.  Minnesota Statutes 1994, section 115C.02, is 
  1.26  amended by adding a subdivision to read: 
  1.27     Subd. 11a.  [PREREMOVAL SITE ASSESSMENT.] "Preremoval site 
  1.28  assessment" means actions defined in section 115A.092 which are 
  1.29  taken by a registered consultant prior to the removal of a 
  2.1   petroleum storage tank in order to determine whether a release 
  2.2   has occurred in the area immediately surrounding the tank. 
  2.3      Sec. 4.  Minnesota Statutes 1994, section 115C.02, is 
  2.4   amended by adding a subdivision to read: 
  2.5      Subd. 12a.  [RESIDENTIAL SITE.] "Residential site" means a 
  2.6   site upon which is located any dwelling for permanent habitation 
  2.7   by one or more persons.  A residence may be part of a 
  2.8   multidwelling or multipurpose building, but shall not include 
  2.9   buildings such as hotels, hospitals, motels, dormitories, 
  2.10  sanitariums, nursing homes, schools and other buildings used for 
  2.11  educational purposes, or correctional institutions. 
  2.12     Sec. 5.  Minnesota Statutes 1994, section 115C.03, 
  2.13  subdivision 10, is amended to read: 
  2.14     Subd. 10.  [RETENTION OF CORRECTIVE ACTION RECORDS.] A 
  2.15  person who applies for reimbursement under this chapter and a 
  2.16  contractor or consultant who has billed the applicant for 
  2.17  corrective action services that are part of the claim for 
  2.18  reimbursement must maintain prepare and retain all records 
  2.19  related to the claim for reimbursement corrective action 
  2.20  services for a minimum of five seven years from the date the 
  2.21  claim for reimbursement is submitted to the board. corrective 
  2.22  action services are performed, including, but not limited to, 
  2.23  invoices submitted to applicants, subcontractor invoices, 
  2.24  receipts for equipment rental, and all other goods rented or 
  2.25  purchased, personnel time reports, mileage logs, and expense 
  2.26  accounts.  An applicant must obtain and retain records necessary 
  2.27  to document costs submitted in a claim for reimbursement for 
  2.28  corrective action services for seven years from the date the 
  2.29  claim is submitted to the board. 
  2.30     Sec. 6.  Minnesota Statutes 1994, section 115C.09, 
  2.31  subdivision 2, is amended to read: 
  2.32     Subd. 2.  [RESPONSIBLE PERSON ELIGIBILITY.] (a) A 
  2.33  responsible person who has incurred reimbursable costs after 
  2.34  June 4, 1987, in response to a release, may apply to the board 
  2.35  for partial reimbursement under subdivision 3 and rules adopted 
  2.36  by the board.  The board may consider applications for 
  3.1   reimbursement at the following stages:  
  3.2      (1) after the commissioner approves a plan for corrective 
  3.3   action actions related to soil contamination excavation and 
  3.4   treatment or after the commissioner determines that further soil 
  3.5   excavation and treatment should not be done; 
  3.6      (2) after the commissioner determines that the corrective 
  3.7   action plan actions described in clause (1) has have been fully 
  3.8   constructed or, installed, or completed; 
  3.9      (3) after the commissioner approves a comprehensive plan 
  3.10  for corrective action that will adequately address the entire 
  3.11  release, including groundwater contamination if necessary; 
  3.12     (4) after the commissioner determines that the corrective 
  3.13  action necessary to adequately address the release has been 
  3.14  fully constructed or installed; and 
  3.15     (5) periodically afterward as the corrective action 
  3.16  continues operation, but no more frequently than four times per 
  3.17  12-month period unless the application is for more than $2,000 
  3.18  in reimbursement. 
  3.19     (b) The commissioner shall review a plan, and provide an 
  3.20  approval or disapproval to the responsible person and the board, 
  3.21  within 60 days in the case of a plan submitted under paragraph 
  3.22  (a), clause (1), and within 120 days in the case of a plan 
  3.23  submitted under paragraph (a), clause (3), or the commissioner 
  3.24  shall explain to the board why additional time is necessary.  
  3.25  The board shall consider a complete application within 60 days 
  3.26  of submission of the application under paragraph (a), clauses 
  3.27  (1) and (2), and within 120 days of submission of the 
  3.28  application under paragraph (a), clauses (3) and (4), or the 
  3.29  board shall explain for the record why additional time is 
  3.30  necessary.  For purposes of the preceding sentence, board 
  3.31  consideration of an application is timely if it occurs at the 
  3.32  regularly scheduled meeting following the deadline.  Board staff 
  3.33  may review applications submitted to the board simultaneous to 
  3.34  the commissioner's consideration of the appropriateness of the 
  3.35  corrective action, but the board may not act on the application 
  3.36  until after the commissioner's approval is received. 
  4.1      (c) A reimbursement may not be made unless the board 
  4.2   determines that the commissioner has determined that the 
  4.3   corrective action was appropriate in terms of protecting public 
  4.4   health, welfare, and the environment. 
  4.5      Sec. 7.  Minnesota Statutes 1994, section 115C.09, 
  4.6   subdivision 3, is amended to read: 
  4.7      Subd. 3.  [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 
  4.8   Except as otherwise provided in paragraph (l), the board shall 
  4.9   reimburse a responsible person who is eligible under subdivision 
  4.10  2 from the account for 90 percent of the total reimbursable 
  4.11  costs on the first $250,000 and 75 percent on any remaining 
  4.12  costs in excess of $250,000 on a site. 
  4.13     Not more than $1,000,000 may be reimbursed for costs 
  4.14  associated with a single release, regardless of the number of 
  4.15  persons eligible for reimbursement, and not more than $2,000,000 
  4.16  may be reimbursed for costs associated with a single tank 
  4.17  facility. 
  4.18     (b) A reimbursement may not be made from the account under 
  4.19  this subdivision until the board has determined that the costs 
  4.20  for which reimbursement is requested were actually incurred and 
  4.21  were reasonable. 
  4.22     (c) When an applicant has obtained responsible competitive 
  4.23  bids or proposals on forms prescribed by the board, the eligible 
  4.24  costs for the tasks, procedures, services, materials, equipment, 
  4.25  and tests of the lowest bidder are presumed to be reasonable by 
  4.26  the board.  Notwithstanding the foregoing, the board may rebut 
  4.27  the presumption of reasonableness by showing that the costs in 
  4.28  the lowest bid or proposal are substantially in excess of the 
  4.29  average costs charged for similar tasks, procedures, services, 
  4.30  materials, equipment, and tests in the same geographical area 
  4.31  during the relevant time period. 
  4.32     (d) When an applicant has obtained a minimum of three 
  4.33  responsible bids or proposals on forms prescribed by the board 
  4.34  and where rules promulgated under this chapter designate maximum 
  4.35  costs for specific tasks, procedures, services, materials, 
  4.36  equipment, and tests, the eligible costs in the lowest 
  5.1   responsible bid or proposal are deemed reasonable if the costs 
  5.2   are at or below the maximums set forth in the rules. 
  5.3      (e) Costs incurred for change orders executed as prescribed 
  5.4   in rules promulgated under this chapter are presumed reasonable 
  5.5   if the costs are at or below the maximum set forth in the 
  5.6   rules.  Notwithstanding the foregoing, the board may rebut the 
  5.7   presumption of reasonableness by showing that cost increases in 
  5.8   the change order are above those in the original bid or are 
  5.9   unsubstantiated and inconsistent with the process and standards 
  5.10  required by rules promulgated under this chapter. 
  5.11     (f) A reimbursement may not be made from the account under 
  5.12  this subdivision in response to either an initial or 
  5.13  supplemental application for costs incurred after June 4, 1987, 
  5.14  that are payable under an applicable insurance policy, except 
  5.15  that if the board finds that the responsible person has made 
  5.16  reasonable efforts to collect from an insurer and failed, the 
  5.17  board shall reimburse the responsible person under this 
  5.18  subdivision. 
  5.19     (d) (g) If the board reimburses a responsible person for 
  5.20  costs for which the responsible person has petroleum tank 
  5.21  leakage or spill insurance coverage, the board is subrogated to 
  5.22  the rights of the responsible person with respect to that 
  5.23  insurance coverage, to the extent of the reimbursement by the 
  5.24  board.  The board may request the attorney general to bring an 
  5.25  action in district court against the insurer to enforce the 
  5.26  board's subrogation rights.  Acceptance by a responsible person 
  5.27  of reimbursement constitutes an assignment by the responsible 
  5.28  person to the board of any rights of the responsible person with 
  5.29  respect to any insurance coverage applicable to the costs that 
  5.30  are reimbursed.  Notwithstanding this paragraph, the board may 
  5.31  instead request a return of the reimbursement under subdivision 
  5.32  5 and may employ against the responsible party the remedies 
  5.33  provided in that subdivision, except where the board has 
  5.34  knowingly provided reimbursement because the responsible person 
  5.35  was denied coverage by the insurer. 
  5.36     (e) (h) Money in the account is appropriated to the board 
  6.1   to make reimbursements under this section.  A reimbursement to a 
  6.2   state agency must be credited to the appropriation account or 
  6.3   accounts from which the reimbursed costs were paid. 
  6.4      (f) (i) The board shall may reduce the amount of 
  6.5   reimbursement to be made under this section if it finds that the 
  6.6   responsible person has not complied with a provision of this 
  6.7   chapter, a rule or order issued under this chapter, or one or 
  6.8   more of the following requirements: 
  6.9      (1) at the time of the release the tank was in substantial 
  6.10  compliance with state and federal rules and regulations 
  6.11  applicable to the tank, including rules or regulations relating 
  6.12  to financial responsibility; 
  6.13     (2) (1) the agency was given notice of the release as 
  6.14  required by section 115.061; 
  6.15     (3) (2) the responsible person, to the extent possible, 
  6.16  fully cooperated with the agency in responding to the release; 
  6.17  and 
  6.18     (4) if the responsible person is an operator, the person 
  6.19  exercised due care with regard to operation of the tank, 
  6.20  including maintaining inventory control procedures. 
  6.21     (3) the state and federal rules and regulations applicable 
  6.22  to the condition or operation of the tank when the noncompliance 
  6.23  caused or failed to mitigate the release. 
  6.24     (g) (j) The reimbursement shall may be reduced as much as 
  6.25  100 percent for failure by the responsible person to comply with 
  6.26  the requirements in paragraph (f) (i), clauses (1) to (4) (3).  
  6.27  In determining the amount of the reimbursement reduction, the 
  6.28  board shall consider:  
  6.29     (1) the likely reasonable determination by the agency of 
  6.30  the environmental impact of the noncompliance; 
  6.31     (2) whether the noncompliance was negligent, knowing, or 
  6.32  willful; 
  6.33     (3) the deterrent effect of the award reduction on other 
  6.34  tank owners and operators; and 
  6.35     (4) the amount of reimbursement reduction recommended by 
  6.36  the commissioner. 
  7.1      (h) (k) A person may assign the right to receive 
  7.2   reimbursement to each lender who advanced funds to pay the costs 
  7.3   of the corrective action or to each contractor or consultant who 
  7.4   provided corrective action services.  An assignment must be made 
  7.5   by filing with the board a document, in a form prescribed by the 
  7.6   board, indicating the identity of the responsible person, the 
  7.7   identity of the assignee, the dollar amount of the assignment, 
  7.8   and the location of the corrective action.  An assignment signed 
  7.9   by the responsible person is valid unless terminated by filing a 
  7.10  termination with the board, in a form prescribed by the board, 
  7.11  which must include the written concurrence of the assignee.  The 
  7.12  board shall maintain an index of assignments filed under this 
  7.13  paragraph.  The board shall pay the reimbursement to the 
  7.14  responsible person and to one or more assignees by a multiparty 
  7.15  check.  The board has no liability to a responsible person for a 
  7.16  payment under an assignment meeting the requirements of this 
  7.17  paragraph. 
  7.18     (l) For corrective actions at residential sites, the board 
  7.19  shall reimburse a responsible person who is eligible under 
  7.20  subdivision 2 from the account for 100 percent of the total 
  7.21  reimbursable costs, minus an amount not to exceed $7,500 which 
  7.22  is equal to five percent of the eligible costs. 
  7.23     Sec. 8.  Minnesota Statutes 1994, section 115C.09, 
  7.24  subdivision 3b, is amended to read: 
  7.25     Subd. 3b.  [VOLUNTEER ELIGIBILITY.] (a) Notwithstanding 
  7.26  subdivisions 1 to 3, a person may apply to the board for partial 
  7.27  reimbursement under subdivision 3 who: 
  7.28     (1) is not a responsible person under section 115C.02; 
  7.29     (2) holds legal or equitable title to the property where a 
  7.30  release occurred; and 
  7.31     (3) incurs reimbursable costs on or after May 23, 1989. 
  7.32     (b) A person eligible for reimbursement under this 
  7.33  subdivision must, to the maximum extent possible, comply with 
  7.34  the same conditions and requirements of reimbursement as those 
  7.35  imposed by this section on a responsible person. 
  7.36     (c) The board may reduce the reimbursement to a person 
  8.1   eligible under this subdivision if the person acquired legal or 
  8.2   equitable title to the property from a responsible person who 
  8.3   failed to comply with the provisions of subdivision 3, paragraph 
  8.4   (f) (i), except that the board may not reduce the reimbursement 
  8.5   to a mortgagee who acquires title to the property through 
  8.6   foreclosure or receipt of a deed in lieu of foreclosure. 
  8.7      Sec. 9.  Minnesota Statutes 1994, section 115C.09, 
  8.8   subdivision 3c, is amended to read: 
  8.9      Subd. 3c.  [RELEASE AT REFINERIES AND TANK FACILITIES NOT 
  8.10  ELIGIBLE FOR REIMBURSEMENT.] (a) Notwithstanding other 
  8.11  provisions of subdivisions 1 to 3b, a reimbursement may not be 
  8.12  made under this section for costs associated with a release:  
  8.13     (1) from a tank located at a petroleum refinery; or 
  8.14     (2) from a tank facility, including a pipeline terminal, 
  8.15  with more than 1,000,000 gallons of total petroleum storage 
  8.16  capacity at the tank facility.  
  8.17     (b) Paragraph (a), clause (2), does not apply to 
  8.18  reimbursement for costs associated with a release from a tank 
  8.19  facility:  
  8.20     (1) owned or operated by a person engaged in the business 
  8.21  of mining iron ore or taconite; 
  8.22     (2) owned by a political subdivision that acquired the tank 
  8.23  facility prior to May 23, 1989; or 
  8.24     (3) owned by a person: 
  8.25     (i) who acquired the tank facility prior to May 23, 1989; 
  8.26     (ii) who did not use the tank facility for the bulk storage 
  8.27  of petroleum; and 
  8.28     (iii) who is not affiliated with the party who used the 
  8.29  tank facility for the bulk storage of petroleum. 
  8.30     Sec. 10.  [115C.092] [TANK REMOVALS; PAYMENT FOR PREREMOVAL 
  8.31  SITE ASSESSMENT.] 
  8.32     Subdivision 1.  [PREREMOVAL SITE ASSESSMENT; 
  8.33  REIMBURSEMENT.] (a) Preremoval site assessment costs which are 
  8.34  in compliance with the requirements of this chapter and with 
  8.35  rules promulgated under this chapter shall be reimbursable.  The 
  8.36  applicant shall obtain written competitive proposals for the 
  9.1   preremoval site assessment on a form prescribed by the board 
  9.2   utilizing as appropriate tasks and costs established in rules 
  9.3   promulgated under this chapter governing the initial site 
  9.4   assessment. 
  9.5      (b) If contamination is found at the site, the board shall 
  9.6   reimburse an applicant upon submission of the applicant's first 
  9.7   application for reimbursement under section 115C.09, subdivision 
  9.8   2.  If no contamination is found at the site, the board shall 
  9.9   reimburse the applicant upon provision by the applicant of 
  9.10  documentation that the tank or tanks have been removed from the 
  9.11  site. 
  9.12     (c) Reimbursement for the preremoval site assessment shall 
  9.13  not be subject to reduction by the board for violations set 
  9.14  forth in the commissioner's site report. 
  9.15     (d) Notwithstanding any provision in this subdivision to 
  9.16  the contrary, the board shall not reimburse for a preremoval 
  9.17  site assessment which is done for the purposes of facilitating a 
  9.18  property transfer.  The board shall presume that a preremoval 
  9.19  site assessment is done for the purposes of facilitating a 
  9.20  property transfer if the property is transferred within three 
  9.21  months of incurring preremoval site assessment costs. 
  9.22     Subd. 2.  [REQUIREMENTS OF A PREREMOVAL SITE 
  9.23  ASSESSMENT.] The preremoval site assessment shall include a 
  9.24  preremoval site assessment report to the tank owner as 
  9.25  prescribed in subdivision 3 and (1) three borings if one tank is 
  9.26  to be removed, or (2) five borings if more than one tank is to 
  9.27  be removed.  The placement of the borings shall be based on the 
  9.28  tank system location, estimated depth and gradient of 
  9.29  groundwater, and the maximum probability of encountering 
  9.30  evidence of petroleum contamination. 
  9.31     Subd. 3.  [REPORT TO TANK OWNER.] The consultant shall 
  9.32  prepare a preremoval site assessment report, which must include 
  9.33  the following: 
  9.34     (1) a summary of any unusual site features affecting the 
  9.35  preremoval site assessment and subsequent corrective action; 
  9.36     (2) the opinion of the consultant as to the presence and 
 10.1   relative magnitude of any petroleum contamination on the site; 
 10.2      (3) the recommendation of the consultant as to whether 
 10.3   further corrective action is needed, including groundwater 
 10.4   remediation; 
 10.5      (4) the recommendation of the consultant as to whether the 
 10.6   contaminated soil, if any, should be excavated and the volume of 
 10.7   soil that should be excavated; 
 10.8      (5) a statement as to whether a petroleum tank release was 
 10.9   reported to the agency and the date and time of that report, if 
 10.10  any; and 
 10.11     (6) the signature of the consultant or contractor, and the 
 10.12  date the report was prepared.  
 10.13     If further corrective action is recommended by the 
 10.14  consultant, the preremoval site assessment report and any 
 10.15  additional information gathered by the consultant during the 
 10.16  assessment shall be used for securing competitive bids or 
 10.17  proposals on forms prescribed by the board to implement 
 10.18  corrective actions at the site, consistent with rules 
 10.19  promulgated under this chapter. 
 10.20     Subd. 4.  [BID AND INVOICE FORMS; AGENCY FACT 
 10.21  SHEETS.] Within 60 days of the effective date of this section, 
 10.22  the board shall prescribe a preremoval site assessment bid and 
 10.23  invoice form as described in subdivision 1 and the agency shall 
 10.24  publish fact sheets applicable to the preremoval site assessment.
 10.25     Sec. 11.  Minnesota Statutes 1994, section 115C.11, 
 10.26  subdivision 1, is amended to read: 
 10.27     Subdivision 1.  [REGISTRATION.] (a) All consultants and 
 10.28  contractors who perform corrective action services must register 
 10.29  with the board in order to participate in the petroleum tank 
 10.30  release cleanup program.  In order to register, consultants and 
 10.31  contractors must meet and demonstrate compliance with the 
 10.32  following criteria: 
 10.33     (1) provide a signed statement to the board verifying 
 10.34  agreement to abide by this chapter and the rules adopted under 
 10.35  it and to include a signed statement with each claim that all 
 10.36  costs claimed by the consultant or contractor are a true and 
 11.1   accurate account of services performed; 
 11.2      (2) provide a signed statement that the consultant or 
 11.3   contractor shall make available for inspection and audit records 
 11.4   requested by the board for field or financial audits under the 
 11.5   scope of this chapter; 
 11.6      (3) certify knowledge of the requirements of this chapter 
 11.7   and the rules adopted under it; 
 11.8      (4) obtain and maintain professional liability coverage, 
 11.9   including pollution impairment liability, of no less than 
 11.10  $1,000,000 per claim, $1,000,000 annual aggregate, and a 
 11.11  deductible of no more than $100,000 per claim and that is 
 11.12  provided by a firm that has an A.M. Best rating of at least 
 11.13  "A-"; and 
 11.14     (5) submit to the board a certificate or certificates 
 11.15  verifying the existence of the required insurance coverage for 
 11.16  all consultants or contractors who performed work included in a 
 11.17  claim along with any request for reimbursement. 
 11.18     (b) The board must maintain a list of all registered 
 11.19  consultants and a list of all registered contractors including 
 11.20  an identification of the services offered. 
 11.21     (c) An applicant who applies for reimbursement must use a 
 11.22  All corrective action services must be performed by registered 
 11.23  consultant consultants and contractor in order to be eligible 
 11.24  for reimbursement contractors. 
 11.25     (d) The commissioner must inform any person who notifies 
 11.26  the agency of a release under section 115.061 that the person 
 11.27  must use a registered consultant or contractor to qualify for 
 11.28  reimbursement and that a list of registered consultants and 
 11.29  contractors is available from the board. 
 11.30     (e) Work Reimbursement for corrective action services 
 11.31  performed by an unregistered consultant or contractor 
 11.32  is ineligible for reimbursement subject to reduction under 
 11.33  section 115C.09, subdivision 3, paragraph (i). 
 11.34     (f) Work (e) Corrective action services performed by a 
 11.35  consultant or contractor prior to being removed from the 
 11.36  registration list may be reimbursed without reduction by the 
 12.1   board. 
 12.2      (g) (f) If the information in an application for 
 12.3   registration becomes inaccurate or incomplete in any material 
 12.4   respect, the registered consultant or contractor must promptly 
 12.5   file a corrected application with the board. 
 12.6      (h) (g) Registration is effective on the date a complete 
 12.7   application is received by the board.  The board may 
 12.8   reimburse without reduction the cost of work performed by an 
 12.9   unregistered contractor if the contractor performed the work 
 12.10  within 30 days of the effective date of registration. 
 12.11     Sec. 12.  Minnesota Statutes 1994, section 115C.12, is 
 12.12  amended to read: 
 12.13     115C.12 [APPEAL OF REIMBURSEMENT DETERMINATION.] 
 12.14     Subdivision 1.  [APPEAL FROM DETERMINATION OF COMMISSIONER 
 12.15  OF COMMERCE.] (a) A person may appeal to the board within 90 
 12.16  days after notice of a reimbursement determination made under 
 12.17  section 115C.09 by submitting a written notice setting forth the 
 12.18  specific basis for the appeal. 
 12.19     (b) The board shall consider the appeal within 90 days of 
 12.20  the notice of appeal.  The board shall notify the appealing 
 12.21  party of the date of the meeting at which the appeal will be 
 12.22  heard at least 30 days before the date of the meeting. 
 12.23     (c) The board's decision must be based on the written 
 12.24  record and written arguments and submissions unless the board 
 12.25  determines that oral argument is necessary to aid the board in 
 12.26  its decision making.  Any written submissions must be delivered 
 12.27  to the board at least 15 days before the meeting at which the 
 12.28  appeal will be heard.  Any request for the presentation of oral 
 12.29  argument must be in writing and submitted along with the notice 
 12.30  of appeal.  An applicant for reimbursement may appeal to the 
 12.31  board a reimbursement determination made by the commissioner of 
 12.32  commerce under authority delegated by the board according to 
 12.33  section 115C.09, subdivision 10.  The commissioner of commerce 
 12.34  shall send written notification of the reimbursement 
 12.35  determination by first class United States mail to the applicant 
 12.36  for reimbursement at the applicant's last known address.  The 
 13.1   applicant for reimbursement must file written notice with the 
 13.2   board of an appeal of a reimbursement determination made by the 
 13.3   commissioner of commerce within 60 days of the date that the 
 13.4   commissioner of commerce sends written notice to the applicant 
 13.5   of the reimbursement determination.  The board shall consider 
 13.6   the appeal within 90 days of receipt of the written notice of 
 13.7   appeal by the applicant for reimbursement. 
 13.8      Subd. 2.  [APPEAL FROM DECISION OF THE BOARD.] (a) An 
 13.9   applicant for reimbursement may appeal a reimbursement 
 13.10  determination of the board as a contested case under chapter 
 13.11  14.  An applicant for reimbursement must provide written 
 13.12  notification to the board of a request for a contested case 
 13.13  within 30 days of the date that the board makes a reimbursement 
 13.14  determination. 
 13.15     (b) This subdivision applies to reimbursement 
 13.16  determinations made by the board as a result of an appeal to the 
 13.17  board under subdivision 1 and reimbursement determinations made 
 13.18  by the board when the board has not delegated its authority to 
 13.19  make reimbursement determinations. 
 13.20     Sec. 13.  Minnesota Statutes 1994, section 115C.13, is 
 13.21  amended to read: 
 13.22     115C.13 [REPEALER.] 
 13.23     Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 
 13.24  115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 
 13.25  115C.092, 115C.10, 115C.11, and 115C.12, are repealed effective 
 13.26  June 30, 2000. 
 13.27     Sec. 14.  [116.481] [MONITORING.] 
 13.28     Subdivision 1.  [MEASUREMENT OF TANK CAPACITY.] (a) By 
 13.29  September 1, 1996, all aboveground tanks of 2,000 gallons or 
 13.30  more used for storage and subsequent resale of petroleum 
 13.31  products must be equipped with: 
 13.32     (1) a gauge in working order that shows the current level 
 13.33  of product in the tank; or 
 13.34     (2) an audible or visual alarm which alerts the person 
 13.35  delivering fuel into the tank that the tank is within 100 
 13.36  gallons of capacity. 
 14.1      (b) In lieu of the equipment specified in paragraph (a), 
 14.2   the owner or operator of a tank may use a manual method of 
 14.3   measurement which accurately determines the amount of product in 
 14.4   the tank and the amount of capacity available to be used.  This 
 14.5   information must be readily available to anyone delivering fuel 
 14.6   into the tank prior to delivery.  Documentation that a tank has 
 14.7   the available capacity for the amount of product to be delivered 
 14.8   must be transmitted to the person making the delivery. 
 14.9      Subd. 2.  [CONTENTS LABELED.] (a) By December 1, 1995, all 
 14.10  aboveground tanks governed by this section must be numbered and 
 14.11  labeled as to the tank contents, total capacity, and capacity in 
 14.12  volume increments of 500 gallons or less. 
 14.13     (b) Piping connected to the tank must be labeled with the 
 14.14  product carried at the point of delivery and at the tank inlet.  
 14.15  Manifolded delivery points must have all valves labeled as to 
 14.16  product distribution. 
 14.17     Subd. 3.  [SITE DIAGRAM.] (a) All tanks at a facility shall 
 14.18  be shown on a site diagram which is permanently mounted in an 
 14.19  area accessible to delivery personnel.  The diagram shall show 
 14.20  the number, capacity, and contents of tanks and the location of 
 14.21  piping, valves, storm sewers, and other information necessary 
 14.22  for emergency response, including the facility owner's or 
 14.23  operator's telephone number. 
 14.24     (b) Prior to delivering product into an underground or 
 14.25  aboveground tank, delivery personnel shall: 
 14.26     (1) consult the site diagram, where applicable, for proper 
 14.27  delivery points, tank and piping locations, and valve settings; 
 14.28     (2) visually inspect the tank, piping, and valve settings 
 14.29  to determine that the product being delivered will flow only 
 14.30  into the appropriate tank; and 
 14.31     (3) determine, using equipment and information available at 
 14.32  the site, that the available capacity of the tank is sufficient 
 14.33  to hold the amount being delivered. 
 14.34  Delivery personnel must remain in attendance during delivery. 
 14.35     Subd. 4.  [CAPACITY OF TANK.] A tank may not be filled from 
 14.36  a transport vehicle compartment containing more than the 
 15.1   available capacity of the tank, unless the hose of the transport 
 15.2   vehicle is equipped with a manually operated shut-off nozzle. 
 15.3      Subd. 5.  [EXEMPTION.] Aboveground and underground tanks 
 15.4   located at refineries, pipeline terminals, and river terminals 
 15.5   are exempt from this section. 
 15.6      Sec. 15.  [EFFECTIVE DATE.] 
 15.7      Section 7, paragraphs (c) to (k), are effective the day 
 15.8   following final enactment.  Section 7, paragraphs (a) and (l), 
 15.9   are effective retroactive to June 4, 1987.  All other sections 
 15.10  are effective as of August 1, 1995.  Sections 1, 3, and 10 apply 
 15.11  only to preremoval site assessments begun on or after the 
 15.12  effective date.