SF 1073

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; establishing a private 
  1.3             cause of action for abandonment of hazardous waste; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 116. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [116.071] [CAUSE OF ACTION FOR ABANDONMENT OF 
  1.8   HAZARDOUS WASTE ON PROPERTY OF ANOTHER.] 
  1.9      (a) If an owner of property on which containers of 
  1.10  hazardous waste or material which is hazardous waste is 
  1.11  abandoned by another disposes of the waste in compliance with 
  1.12  all applicable laws and at the owner's expense, the property 
  1.13  owner is entitled to recover from any person responsible for the 
  1.14  waste that was abandoned damages of twice the costs incurred for 
  1.15  removal, processing, and disposal of the waste, together with 
  1.16  the costs and losses that result from the abandonment and court 
  1.17  costs.  If, before the waste is properly disposed of, the 
  1.18  property owner knows the identity and location of a person 
  1.19  responsible for the waste that was abandoned, the property owner 
  1.20  is not entitled to recover against that person under this 
  1.21  section unless: 
  1.22     (1) the property owner requests in writing that the person 
  1.23  responsible for the waste that was abandoned remove and properly 
  1.24  dispose of the abandoned waste and allows the responsible person 
  1.25  30 days after the request is mailed to remove the waste; 
  2.1      (2) the property owner allows the person responsible for 
  2.2   the waste that was abandoned reasonable access to the owner's 
  2.3   property to remove the waste within the 30-day period after 
  2.4   giving the notice; and 
  2.5      (3) the person responsible for the waste that was abandoned 
  2.6   fails to remove all of the waste within the 30-day period. 
  2.7      (b) A person who is purchasing property on a contract for 
  2.8   deed is a property owner for the purposes of this section. 
  2.9      Sec. 2.  [EFFECTIVE DATE.] 
  2.10     Section 1 is effective the day following final enactment.