HF 1550

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

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing the definition of 
  1.3             "release" for purposes of the environmental response 
  1.4             and liability act; amending Minnesota Statutes 1994, 
  1.5             section 115B.02, subdivision 15. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 115B.02, 
  1.8   subdivision 15, is amended to read: 
  1.9      Subd. 15.  [RELEASE.] "Release" means any spilling, 
  1.10  leaking, pumping, pouring, emitting, emptying, discharging, 
  1.11  injecting, escaping, leaching, dumping, or disposing into the 
  1.12  environment which occurred at a point in time or which continues 
  1.13  to occur.  
  1.14     Release does not include:  
  1.15     (a) Emissions from the engine exhaust of a motor vehicle, 
  1.16  rolling stock, aircraft, watercraft, or pipeline pumping station 
  1.17  engine; 
  1.18     (b) Release of source, by-product, or special nuclear 
  1.19  material from a nuclear incident, as those terms are defined in 
  1.20  the Atomic Energy Act of 1954, under United States Code, title 
  1.21  42, section 2014, if the release is subject to requirements with 
  1.22  respect to financial protection established by the federal 
  1.23  nuclear regulatory commission under United States Code, title 
  1.24  42, section 2210; 
  1.25     (c) Release of source, by-product or special nuclear 
  2.1   material from any processing site designated pursuant to the 
  2.2   Uranium Mill Tailings Radiation Control Act of 1978, under 
  2.3   United States Code, title 42, section 7912(a)(1) or 7942(a); or 
  2.4      (d) Any release resulting from the application of 
  2.5   fertilizer or agricultural or silvicultural chemicals, or 
  2.6   disposal of emptied pesticide containers or residues from a 
  2.7   pesticide as defined in section 18B.01, subdivision 18 Release 
  2.8   of an agricultural chemical, if the release is the result of 
  2.9   legal use under chapter 18B, 18C, or 18D.