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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


  

                         Laws of Minnesota 1983 

                         CHAPTER 121--H.F.No. 76
           An act relating to the environment; establishing an 
          environmental response, compensation and compliance 
          fund to pay for removal and remedial action associated 
          with certain hazardous substances released into the 
          environment and for other purposes; providing for 
          liability for cleanup costs, personal injury, economic 
          loss, and damage to natural resources resulting from 
          releases of hazardous substances; providing for 
          studies; imposing taxes, fees, and penalties; 
          providing for injunctive relief; appropriating money; 
          amending Minnesota Statutes 1982, sections 115A.24, 
          subdivision 1; 466.01, by adding a subdivision; and 
          466.04, subdivision 1; proposing new law coded in 
          Minnesota Statutes, chapter 116; proposing new law 
          coded as Minnesota Statutes, chapter 115B; repealing 
          Minnesota Statutes 1982, section 115A.24, subdivision 
          2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [115B.01] [CITATION.] 
    Sections 1 to 24 may be cited as the Environmental Response 
and Liability Act.  
    Sec. 2.  [115B.02] [DEFINITIONS.] 
    Subdivision 1.  [APPLICATION.] For the purposes of sections 
1 to 20, the following terms have the meanings given them.  
    Subd. 2.  [ACT OF GOD.] "Act of God" means an unanticipated 
grave natural disaster or other natural phenomenon of an 
exceptional, inevitable, and irresistible character, the effects 
of which could not have been prevented or avoided by the 
exercise of due care or foresight.  
    Subd. 3.  [AGENCY.] "Agency" means the pollution control 
agency.  
    Subd. 4.  [DIRECTOR.] "Director" means the director of the 
pollution control agency.  
    Subd. 5.  [FACILITY.] "Facility" means:  
    (a) Any building, structure, installation, equipment, pipe 
or pipeline (including any pipe into a sewer or publicly owned 
treatment works), well, pit, pond, lagoon, impoundment, ditch, 
landfill, storage container, motor vehicle, rolling stock, or 
aircraft;  
    (b) Any watercraft of any description, or other artificial 
contrivance used or capable of being used as a means of 
transportation on water; or 
    (c) Any site or area where a hazardous substance, or a 
pollutant or contaminant, has been deposited, stored, disposed 
of, or placed, or otherwise come to be located.  
    "Facility" does not include any consumer product in 
consumer use.  
    Subd. 6.  [FEDERAL SUPERFUND ACT.] "Federal Superfund Act" 
means the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, 42 U.S.C. Section 9601 et seq.  
    Subd. 7.  [FUND.] "Fund" means the environmental response, 
compensation and compliance fund established under section 20.  
    Subd. 8.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" 
means:  
    (a) Any commercial chemical designated pursuant to the 
Federal Water Pollution Control Act, under 33 U.S.C. Section 
1321(b)(2)(A);  
    (b) Any hazardous air pollutant listed pursuant to the 
Clean Air Act, under 42 U.S.C. Section 7412; and 
    (c) Any hazardous waste.  
    "Hazardous substance" does not include natural gas, natural 
gas liquids, liquefied natural gas, synthetic gas usable for 
fuel, or mixtures of such synthetic gas and natural gas, nor 
does it include petroleum, including crude oil or any fraction 
thereof which is not otherwise a hazardous waste.  
    Subd. 9.  [HAZARDOUS WASTE.] "Hazardous waste" means:  
    (a) Any hazardous waste as defined in section 116.06, 
subdivision 13, and any substance identified as a hazardous 
waste pursuant to rules adopted by the agency under section 
116.07; and 
    (b) Any hazardous waste as defined in the Resource 
Conservation and Recovery Act, under 42 U.S.C. Section 6903, 
which is listed or has the characteristics identified under 42 
U.S.C. Section 6921, not including any hazardous waste the 
regulation of which has been suspended by act of Congress.  
    Subd. 10.  [NATURAL RESOURCES.] "Natural resources" has the 
meaning given it in section 116B.02, subdivision 4.  
    Subd. 11.  [OWNER OF REAL PROPERTY.] "Owner of real 
property" means a person who is in possession of, has the right 
of control, or controls the use of real property, including 
without limitation a person who may be a fee owner, lessee, 
renter, tenant, lessor, contract for deed vendee, licensor, 
licensee, or occupant; provided that:  
    (1) A lessor of real property under a lease which in 
substance is a financing device and is treated as such under the 
United States Internal Revenue Code, common law, or statute, is 
not an owner of the real property;  
    (2) A public utility holding a public utility easement is 
an owner of the real property described in the easement only for 
the purpose of carrying out the specific use for which the 
easement was granted; and 
    (3) Any person holding a remainder or other nonpossessory 
interest or estate in real property is an owner of the real 
property beginning when that person's interest or estate in the 
real property vests in possession or that person obtains the 
unconditioned right to possession, or to control the use of, the 
real property.  
    Subd. 12.  [PERSON.] "Person" means any individual, 
partnership, association, public or private corporation or other 
entity including the United States government, any interstate 
body, the state and any agency, department or political 
subdivision of the state.  
    Subd. 13.  [POLLUTANT OR CONTAMINANT.] "Pollutant or 
contaminant" means any element, substance, compound, mixture, or 
agent, other than a hazardous substance, which after release 
from a facility and upon exposure of, ingestion, inhalation, or 
assimilation into any organism, either directly from the 
environment or indirectly by ingestion through food chains, will 
or may reasonably be anticipated to cause death, disease, 
behavioral abnormalities, cancer, genetic mutation, 
physiological malfunctions (including malfunctions in 
reproduction) or physical deformations, in the organisms or 
their offspring.  
    "Pollutant or contaminant" does not include natural gas, 
natural gas liquids, liquefied natural gas, synthetic gas usable 
for fuel, or mixtures of such synthetic gas and natural gas.  
    Subd. 14.  [PUBLIC UTILITY EASEMENT.] "Public utility 
easement" means an easement used for the purposes of 
transmission, distribution, or furnishing, at wholesale or 
retail, natural or manufactured gas, or electric or telephone 
service, by a public utility as defined in section 216B.02, 
subdivision 4, a cooperative electric association organized 
under the provisions of chapter 308, a telephone company as 
defined in section 237.01, subdivisions 2 and 3, or a 
municipality producing or furnishing gas, electric, or telephone 
service.  
    Subd. 15.  [RELEASE.] "Release" means any spilling, 
leaking, pumping, pouring, emitting, emptying, discharging, 
injecting, escaping, leaching, dumping, or disposing into the 
environment which occurred at a point in time or which continues 
to occur.  
    "Release" does not include:  
    (a) Emissions from the engine exhaust of a motor vehicle, 
rolling stock, aircraft, watercraft, or pipeline pumping station 
engine;  
    (b) Release of source, byproduct, or special nuclear 
material from a nuclear incident, as those terms are defined in 
the Atomic Energy Act of 1954, under 42 U.S.C. Section 2014, if 
the release is subject to requirements with respect to financial 
protection established by the federal nuclear regulatory 
commission under 42 U.S.C. Section 2210;  
    (c) Release of source, byproduct or special nuclear 
material from any processing site designated pursuant to the 
Uranium Mill Tailings Radiation Control Act of 1978, under 42 
U.S.C. Section 7912(a)(1) or 7942(a); or 
    (d) Any release resulting from the application of 
fertilizer or agricultural or silvicultural chemicals, or 
disposal of emptied pesticide containers or residues from a 
pesticide as defined in section 18A.21, subdivision 25.  
    Subd. 16.  [REMEDY OR REMEDIAL ACTION.] "Remedy" or 
"remedial action" means those actions consistent with permanent 
remedy taken instead of or in addition to removal actions in the 
event of a release or threatened release of a hazardous 
substance, or a pollutant or contaminant, into the environment, 
to prevent, minimize or eliminate the release in order to 
protect the public health or welfare or the environment.  
    "Remedy" or "remedial action" includes, but is not limited 
to:  
    (a) Actions at the location of the release such as storage, 
confinement, perimeter protection using dikes, trenches, or 
ditches, clay cover, neutralization, cleanup of released 
hazardous substances, pollutants or contaminants, or 
contaminated materials, recycling or reuse, diversion, 
destruction, segregation of reactive wastes, dredging or 
excavations, repair or replacement of leaking containers, 
collection of leachate and runoff, onsite treatment or 
incineration, provision of alternative water supplies, and any 
monitoring and maintenance reasonably required to assure that 
these actions protect the public health and welfare and the 
environment; and 
    (b) The costs of permanent relocation of residents and 
businesses and community facilities when the agency determines 
that, alone or in combination with other measures, relocation is 
more cost effective than and environmentally preferable to the 
transportation, storage, treatment, destruction, or secure 
disposition offsite of hazardous substances, or pollutants or 
contaminants, or may otherwise be necessary to protect the 
public health or welfare.  
    "Remedy" or "remedial action" does not include offsite 
transport of hazardous substances, pollutants or contaminants, 
or contaminated materials or their storage, treatment, 
destruction, or secure disposition offsite unless the agency 
determines that these actions:  
    (1) Are more cost effective than other remedial actions;  
    (2) Will create new capacity to manage hazardous substances 
in addition to those located at the affected facility, in 
compliance with section 116.07 and subtitle C of the Solid Waste 
Disposal Act, 42 U.S.C. Section 6921 et seq.; or 
    (3) Are necessary to protect the public health or welfare 
or the environment from a present or potential risk which may be 
created by further exposure to the continued presence of the 
hazardous substances, pollutants or contaminants, or 
contaminated materials.  
    Subd. 17.  [REMOVE OR REMOVAL.] "Remove" or "removal" means:
    (a) The cleanup or removal of a released hazardous 
substance, or a pollutant or contaminant, from the environment;  
    (b) Necessary actions taken in the event of a threatened 
release of a hazardous substance, or a pollutant or contaminant, 
into the environment;  
    (c) Actions necessary to monitor, test, analyze, and 
evaluate a release or threatened release of a hazardous 
substance, or a pollutant or contaminant;  
    (d) Disposal or processing of removed material; or 
    (e) Other actions necessary to prevent, minimize, or 
mitigate damage to the public health or welfare or the 
environment, which may otherwise result from a release or 
threatened release.  
    "Remove" or "removal" includes, but is not limited to, 
security fencing or other measures to limit access, provision of 
alternative water supplies, temporary evacuation and housing of 
threatened individuals not otherwise provided for, action taken 
pursuant to the Federal Superfund Act, under 42 U.S.C. Section 
9604(b), and any emergency assistance which may be provided 
under the Disaster Relief Act of 1974, 42 U.S.C. Section 5121 et 
seq.  
    Subd. 18.  [RESPOND OR RESPONSE.] "Respond" or "response" 
means remove, removal, remedy, and remedial action.  
    Subd. 19.  [WATER.] "Water" has the meaning given to the 
term "waters of the state" in section 115.01, subdivision 9.  
    Sec. 3. [115B.03] [RESPONSIBLE PERSON.] 
    Subdivision 1.  [GENERAL RULE.] For the purposes of 
sections 1 to 20, and except as provided in subdivisions 2 and 
3, a person is responsible for a release or threatened release 
of a hazardous substance, or a pollutant or contaminant, from a 
facility if the person:  
    (a) Owned or operated the facility:  
    (1) when the hazardous substance, or pollutant or 
contaminant, was placed or came to be located in or on the 
facility;  
    (2) when the hazardous substance, or pollutant or 
contaminant, was located in or on the facility but before the 
release; or 
    (3) during the time of the release or threatened release;  
    (b) Owned or possessed the hazardous substance, or 
pollutant or contaminant, and arranged, by contract, agreement 
or otherwise, for the disposal, treatment or transport for 
disposal or treatment of the hazardous substance, or pollutant 
or contaminant; or 
    (c) Knew or reasonably should have known that waste he 
accepted for transport to a disposal or treatment facility 
contained a hazardous substance, or pollutant or contaminant, 
and either selected the facility to which it was transported or 
disposed of it in a manner contrary to law.  
    Subd. 2.  [EMPLOYEES AND EMPLOYERS.] When a person who is 
responsible for a release or threatened release as provided in 
subdivision 1 is an employee who is acting in the scope of his 
employment:  
    (a) The employee is subject to liability under section 4 or 
5 only if his conduct with respect to the hazardous substance 
was negligent under circumstances in which he knew that the 
substance was hazardous and that his conduct, if negligent, 
could result in serious harm.  
    (b) His employer shall be considered a person responsible 
for the release or threatened release and is subject to 
liability under section 4 or 5 regardless of the degree of care 
exercised by the employee.  
    Subd. 3.  [OWNER OF REAL PROPERTY.] An owner of real 
property is not a person responsible for the release or 
threatened release of a hazardous substance from a facility in 
or on the property unless that person:  
    (a) was engaged in the business of generating, 
transporting, storing, treating, or disposing of a hazardous 
substance at the facility or disposing of waste at the facility, 
or knowingly permitted others to engage in such a business at 
the facility;  
    (b) knowingly permitted any person to make regular use of 
the facility for disposal of waste;  
    (c) knowingly permitted any person to use the facility for 
disposal of a hazardous substance;  
    (d) knew or reasonably should have known that a hazardous 
substance was located in or on the facility at the time right, 
title, or interest in the property was first acquired by the 
person and engaged in conduct by which he associated himself 
with the release; or 
    (e) took action which significantly contributed to the 
release after he knew or reasonably should have known that a 
hazardous substance was located in or on the facility.  
    For the purpose of clause (d), a written warranty, 
representation, or undertaking, which is set forth in an 
instrument conveying any right, title or interest in the real 
property and which is executed by the person conveying the 
right, title or interest, or which is set forth in any 
memorandum of any such instrument executed for the purpose of 
recording, is admissible as evidence of whether the person 
acquiring any right, title, or interest in the real property 
knew or reasonably should have known that a hazardous substance 
was located in or on the facility. 
    Any liability which accrues to an owner of real property 
under sections 1 to 15 does not accrue to any other person who 
is not an owner of the real property merely because the other 
person holds some right, title, or interest in the real property.
    An owner of real property on which a public utility 
easement is located is not a responsible person with respect to 
any release caused by any act or omission of the public utility 
which holds the easement in carrying out the specific use for 
which the easement was granted.  
    Sec. 4.  [115B.04] [LIABILITY FOR RESPONSE COSTS AND 
NATURAL RESOURCES; LIMITATIONS AND DEFENSES.] 
    Subdivision 1.  [LIABILITY.] Except as otherwise provided 
in subdivisions 2 to 12, and notwithstanding any other provision 
or rule of law, any person who is responsible for a release or 
threatened release of a hazardous substance from a facility is 
strictly liable, jointly and severally, for the following 
response costs and damages which result from the release or 
threatened release or to which the release or threatened release 
significantly contributes:  
    (a) All reasonable and necessary response costs incurred by 
the state, a political subdivision of the state or the United 
States;  
    (b) All reasonable and necessary removal costs incurred by 
any person; and 
    (c) All damages for any injury to, destruction of, or loss 
of natural resources, including the reasonable costs of 
assessing such injury, destruction, or loss.  
    Subd. 2.  [LIABILITY FOR POLLUTANT OR CONTAMINANT 
EXCLUDED.] There is no liability under this section for response 
costs or damages which result from the release of a pollutant or 
contaminant.  
    Subd. 3.  [LIABILITY FOR A THREATENED RELEASE.] Liability 
under this section for a threatened release of a hazardous 
substance is limited to the recovery by the agency of reasonable 
and necessary response costs as provided in section 17, 
subdivision 6.  
    Subd. 4.  [LIABILITY OF POLITICAL SUBDIVISIONS.] The 
liability of a political subdivision under this section is 
subject to the limits imposed under section 466.04, subdivision 
1.  
    Subd. 5.  [TRANSPORTATION OF HOUSEHOLD REFUSE.] A person 
who accepts only household refuse for transport to a treatment 
or disposal facility is not liable under this section for the 
release or threatened release of any hazardous substance unless 
he knew or reasonably should have known that the hazardous 
substance was present in the refuse.  For the purpose of this 
subdivision, household refuse means garbage, trash, or septic 
tank sanitary wastes generated by single or multiple residences, 
hotels, motels, restaurants and other similar facilities.  
    Subd. 6.  [DEFENSE TO CERTAIN CLAIMS BY POLITICAL 
SUBDIVISIONS AND PRIVATE PERSONS.] It is a defense to a claim by 
a political subdivision or private person for recovery of the 
costs of its response actions under this section that the 
hazardous substance released from the facility was placed or 
came to be located in or on the facility before April 1, 1982, 
and that the response actions of the political subdivision or 
private person were not authorized by the agency as provided in 
section 17, subdivision 12.  This defense applies only to 
response costs incurred on or after July 1, 1983.  
    Subd. 7.  [DEFENSE FOR INTERVENING ACTS.] It is a defense 
to liability under this section that the release or threatened 
release was caused solely by:  
    (a) An act of God;  
    (b) An act of war;  
    (c) An act of vandalism or sabotage; or 
    (d) An act or omission of a third party or the plaintiff.  
    "Third party" for the purposes of clause (d) does not 
include an employee or agent of the defendant, or a person in 
the chain of responsibility for the generation, transportation, 
storage, treatment, or disposal of the hazardous substance.  
    The defenses provided in clauses (c) and (d) apply only if 
the defendant establishes that he exercised due care with 
respect to the hazardous substance concerned, taking into 
consideration the characteristics of the hazardous substance in 
light of all relevant facts and circumstances which he knew or 
should have known, and that he took precautions against 
foreseeable acts or omissions and the consequences that could 
foreseeably result from those acts or omissions.  
    Subd. 8.  [INTERVENING ACTS OF PUBLIC AGENCIES.] When the 
agency or the federal environmental protection agency assumes 
control over any release or threatened release of a hazardous 
substance by taking removal actions at the site of the release, 
the persons responsible for the release are not liable under 
sections 1 to 15 for any subsequent release of the hazardous 
substance from another facility to which it has been removed.  
    Subd. 9.  [RELEASES SUBJECT TO CERTAIN PERMITS OR 
STANDARDS; FEDERAL POST-CLOSURE FUND.] It is a defense to 
liability under this section that:  
    (a) The release or threatened release was from a hazardous 
waste facility as defined under section 115A.03, for which a 
permit had been issued pursuant to section 116.07 or pursuant to 
subtitle C of the Solid Waste Disposal Act, 42 U.S.C. Section 
6921 et seq., the hazardous substance was specifically 
identified in the permit, and the release was within the limits 
allowed in the permit for release of that substance;  
    (b) The hazardous substance released was specifically 
identified in a federal or state permit and the release is 
within the limits allowed in the permit;  
    (c) The release resulted from circumstances identified and 
reviewed and made a part of the public record of a federal or 
state agency with respect to a permit issued or modified under 
federal or state law, and the release conformed with the permit; 
    (d) The release was any part of an emission or discharge 
into the air or water and the emission or discharge was subject 
to a federal or state permit and was in compliance with control 
rules or regulations adopted pursuant to state or federal law;  
    (e) The release was the introduction of any hazardous 
substance into a publicly owned treatment works and the 
substance was specified in, and is in compliance with, 
applicable pretreatment standards specified for that substance 
under state and federal law; or 
    (f) Liability has been assumed by the federal post-closure 
liability fund under 42 U.S.C. Section 9607(k).  
    Subd. 10.  [NATURAL RESOURCES.] It is a defense to 
liability under this section, for any injury to, destruction of, 
or loss of natural resources that:  
    (a) The natural resources were specifically identified as 
an irreversible and irretrievable commitment of natural 
resources in an approved final state or federal environmental 
impact statement, or other comparable approved final 
environmental analysis for a project or facility which was the 
subject of a governmental permit or license; and 
    (b) The project or facility was being operated within the 
terms of its permit or license.  
    Subd. 11.  [RENDERING ASSISTANCE IN RESPONSE ACTIONS.] It 
is a defense to liability under this section that the response 
costs or damages resulted from acts taken or omitted in 
preparation for, or in the course of rendering care, assistance, 
or advice to the director or agency pursuant to section 17 or in 
accordance with the national hazardous substance response plan 
pursuant to the Federal Superfund Act, under 42 U.S.C. Section 
9605, or at the direction of an on-scene coordinator appointed 
under that plan, with respect to any release or threatened 
release of a hazardous substance.  
    Subd. 12.  [BURDEN OF PROOF FOR DEFENSES.] Any person 
claiming a defense provided in subdivisions 6 to 11 has the 
burden to prove all elements of the defense by a preponderance 
of the evidence.  
    Sec. 5.  [115B.05] [LIABILITY FOR ECONOMIC LOSS, DEATH, 
PERSONAL INJURY AND DISEASE; LIMITATIONS AND DEFENSES.] 
    Subdivision 1.  [LIABILITY.] Except as otherwise provided 
in subdivisions 2 to 10, and notwithstanding any other provision 
or rule of law, any person who is responsible for the release of 
a hazardous substance from a facility is strictly liable, 
jointly and severally, for the following damages which result 
from the release or to which the release significantly 
contributes:  
    (a) All damages for actual economic loss including:  
    (1) Any injury to, destruction of, or loss of any real or 
personal property, including relocation costs;  
    (2) Any loss of use of real or personal property;  
    (3) Any loss of past or future income or profits resulting 
from injury to, destruction of, or loss of real or personal 
property without regard to the ownership of the property; and 
    (b) All damages for death, personal injury, or disease 
including:  
    (1) Any medical expenses, rehabilitation costs or burial 
expenses;  
    (2) Any loss of past or future income, or loss of earning 
capacity; and 
    (3) Damages for pain and suffering, including physical 
impairment.  
    Subd. 2.  [LIABILITY FOR POLLUTANT OR CONTAMINANT 
EXCLUDED.] There is no liability under this section for damages 
which result from the release of a pollutant or contaminant.  
    Subd. 3.  [CERTAIN EMPLOYEE CLAIMS NOT COVERED.] Except for 
a third party who is subject to liability under section 176.061, 
subdivision 5, there is no liability under this section for the 
death, personal injury or disease of an employee which is 
compensable under chapter 176 as an injury or disease arising 
out of and in the course of employment.  
    Subd. 4.  [LIABILITY LIMITATIONS.] The liability of a 
political subdivision under this section is subject to the 
limits imposed under section 466.04, subdivision 1.  
    Subd. 5.  [TRANSPORTATION OF HOUSEHOLD REFUSE.] A person 
who accepts only household refuse for transport to a treatment 
or disposal facility is not liable under this section for the 
release or threatened release of any hazardous substance unless 
he knew or reasonably should have known that the hazardous 
substance was present in the refuse.  For the purpose of this 
subdivision, household refuse means garbage, trash, or septic 
tank sanitary wastes generated by single or multiple residences, 
hotels, motels, restaurants and other similar facilities.  
     Subd. 6.  [DEFENSE FOR INTERVENING ACTS.] It is a defense 
to liability under this section that the release or threatened 
release was caused solely by:  
     (a) An act of God;  
     (b) An act of war;  
     (c) An act of vandalism or sabotage; or 
     (d) An act or omission of a third party or the plaintiff.  
     "Third party" for the purposes of clause (d) does not 
include an employee or agent of the defendant, or a person in 
the chain of responsibility for the generation, transportation, 
storage, treatment, or disposal of the hazardous substance.  
     The defenses provided in clauses (c) and (d) apply only if 
the defendant establishes that he exercised due care with 
respect to the hazardous substance concerned, taking into 
consideration the characteristics of the hazardous substance in 
light of all relevant facts and circumstances which he knew or 
should have known, and that he took precautions against 
foreseeable acts or omissions and the consequences that could 
foreseeably result from those acts or omissions.  
    Subd. 7.  [INTERVENING ACTS OF PUBLIC AGENCIES.] When the 
agency or the federal environmental protection agency assumes 
control over any release or threatened release of a hazardous 
substance by taking removal actions at the site of the release, 
the persons responsible for the release are not liable under 
sections 1 to 15 for any subsequent release of the hazardous 
substance from another facility to which it has been removed.  
    Subd. 8.  [RELEASES SUBJECT TO CERTAIN PERMITS OR STANDARDS;
FEDERAL POST-CLOSURE FUND.] It is a defense to liability under 
this section that:  
    (a) The release or threatened release was from a hazardous 
waste facility as defined under section 115A.03, for which a 
permit had been issued pursuant to section 116.07 or pursuant to 
subtitle C of the Solid Waste Disposal Act, 42 U.S.C. Section 
6921 et seq., the hazardous substance was specifically 
identified in the permit, and the release was within the limits 
allowed in the permit for release of that substance;  
    (b) The hazardous substance released was specifically 
identified in a federal or state permit and the release is 
within the limits allowed in the permit;  
    (c) The release resulted from circumstances identified and 
reviewed and made a part of the public record of a federal or 
state agency with respect to a permit issued or modified under 
federal or state law, and the release conformed with the permit; 
    (d) The release was any part of an emission or discharge 
into the air or water and the emission or discharge was subject 
to a federal or state permit and was in compliance with control 
rules or regulations adopted pursuant to state or federal law;  
    (e) The release was the introduction of any hazardous 
substance into a publicly owned treatment works and the 
substance was specified in, and is in compliance with, 
applicable pretreatment standards specified for that substance 
under state and federal law; or 
    (f) Liability has been assumed by the federal post-closure 
liability fund under 42 U.S.C. Section 9607(k).  
    Subd. 9.  [RENDERING ASSISTANCE IN RESPONSE ACTIONS.] It is 
a defense to liability under this section that the damages 
resulted from acts taken or omitted in preparation for, or in 
the course of rendering care, assistance, or advice to the 
director or agency pursuant to section 17 or in accordance with 
the national hazardous substance response plan pursuant to the 
Federal Superfund Act, under 42 U.S.C. Section 9605, or at the 
direction of an on-scene coordinator appointed under that plan, 
with respect to any release or threatened release of a hazardous 
substance.  
     Subd. 10.  [BURDEN OF PROOF FOR DEFENSES.] Any person 
claiming a defense provided in subdivisions 6 to 9 has the 
burden to prove all elements of the defense by a preponderance 
of the evidence.  
    Sec. 6.  [115B.06] [APPLICATION TO PAST ACTIONS.] 
    Subdivision 1.  [APPLICATION OF SECTION 5 AND ADDITIONAL 
DEFENSE.] (a) A defendant in an action under section 5 has the 
additional defense provided in subdivision 2 for damages caused 
or significantly contributed to by the release of a hazardous 
substance from a facility if the defendant shows that the 
substance was placed or came to be located in or on the facility 
wholly before January 1, 1973.  
    (b) Section 5 does not apply to any claim for damages 
arising out of the release of a hazardous substance which was 
placed or came to be located in or on the facility wholly before 
January 1, 1960.  
    Subd. 2.  [ADDITIONAL DEFENSE.] For a defendant who has 
made the showing required in subdivision 1, clause (a), it is a 
defense to liability under section 5 that the activity by which 
the substance was kept, placed, or came to be located in or on 
the facility was not an abnormally dangerous activity.  The 
determination of whether the activity was an abnormally 
dangerous activity shall be made by the court.  
    Sec. 7.  [115B.07] [CAUSATION.] 
    In any action brought under section 5 or any other law to 
recover damages for death, personal injury, or disease arising 
out of the release of a hazardous substance, the court may not 
direct a verdict against the plaintiff on the issue of causation 
if the plaintiff produces evidence sufficient to enable a 
reasonable person to find that:  
    (a) the defendant is a person who is responsible for the 
release;  
    (b) the plaintiff was exposed to the hazardous substance;  
    (c) the release could reasonably have resulted in 
plaintiff's exposure to the substance in the amount and duration 
experienced by the plaintiff; and 
    (d) the death, injury, or disease suffered by the plaintiff 
is caused or significantly contributed to by exposure to the 
hazardous substance in an amount and duration experienced by the 
plaintiff.  
    Evidence to a reasonable medical certainty that exposure to 
the hazardous substance caused or significantly contributed to 
the death, injury, or disease is not required for the question 
of causation to be submitted to the trier of fact.  
    Nothing in this section shall be construed to relieve the 
plaintiff of the burden of proving that the defendant is a 
person who is responsible for the release and of proving the 
causal connection between the release of the hazardous substance 
for which the defendant is a responsible person and the 
plaintiff's death, injury, or disease.  
    Sec. 8.  [115B.08] [LIABILITY UNDER SECTION 4; 
APPORTIONMENT AND CONTRIBUTION.] 
    Subdivision 1.  [RIGHT OF APPORTIONMENT; FACTORS.] Any 
person held jointly and severally liable under section 4 has the 
right at trial to have the trier of fact apportion liability 
among the parties as provided in this section.  The burden is on 
each defendant to show how his liability should be apportioned. 
The court shall reduce the amount of damages in proportion to 
any amount of liability apportioned to the party recovering.  
    In apportioning the liability of any party under this 
section, the trier of fact shall consider the following:  
    (a) The extent to which that party's contribution to the 
release of a hazardous substance can be distinguished;  
    (b) The amount of hazardous substance involved;  
    (c) The degree of toxicity of the hazardous substance 
involved;  
    (d) The degree of involvement of and care exercised by the 
party in manufacturing, treating, transporting, and disposing of 
the hazardous substance;  
    (e) The degree of cooperation by the party with federal, 
state, or local officials to prevent any harm to the public 
health or the environment; and 
    (f) Knowledge by the party of the hazardous nature of the 
substance.  
    Subd. 2.  [CONTRIBUTION.] If a person is held jointly and 
severally liable under section 4 and establishes his 
proportionate share of the aggregate liability, the provisions 
of section 604.02, subdivisions 1 and 2, shall apply with 
respect to contribution and reallocation of any uncollectible 
amounts.  
    Sec. 9.  [115B.09] [LIABILITY UNDER SECTION 5; COMPARATIVE 
FAULT AND CONTRIBUTION.] 
    The provisions of sections 604.01, 604.02, subdivisions 1 
and 2, apply to any action for damages under section 5, except 
that, if the percentage of fault attributable to a defendant is 
determined under section 604.01, the liability of the defendant 
shall be limited to two times that percentage of the damages 
recoverable in the action.  
    Sec. 10.  [115B.10] [NO AVOIDANCE OF LIABILITY; INSURANCE 
AND SUBROGATION.] 
    An owner or operator of a facility or any other person who 
may be liable under sections 1 to 15 may not avoid that 
liability by means of any conveyance of any right, title, or 
interest in real property, or by any indemnification, hold 
harmless agreement, or similar agreement.  Nothing in this 
section shall be construed:  
    (a) To prohibit any party who may be liable under sections 
1 to 15 from entering an agreement by which that party is 
insured, held harmless or indemnified for part or all of that 
liability;  
    (b) To prohibit the enforcement of any insurance, hold 
harmless or indemnification agreement; or 
    (c) To bar any cause of action brought by a party who may 
be liable under sections 1 to 15 or by an insurer or guarantor, 
whether by right of subrogation or otherwise.  
    Sec. 11.  [115B.11] [STATUTE OF LIMITATIONS.] 
    No person may recover pursuant to sections 1 to 15 unless 
the action is commenced within six years from the date when the 
cause of action accrues.  In determining when the cause of 
action accrues for an action to recover damages for death, 
personal injury or disease, the court shall consider factors 
including the following:  
    (a) When the plaintiff discovered the injury or loss;  
    (b) Whether a personal injury or disease had sufficiently 
manifested itself; and 
    (c) When the plaintiff discovered, or using due diligence 
should have discovered, a causal connection between the injury, 
disease, or loss and the release of a hazardous substance.  
    Sec. 12.  [115B.12] [OTHER REMEDIES PRESERVED.] 
    Nothing in sections 1 to 15 shall be construed to abolish 
or diminish any remedy or affect the right of any person to 
bring a legal action or use any remedy available under any other 
provision of state or federal law, including common law, to 
recover for personal injury, disease, economic loss or response 
costs arising out of a release of any hazardous substance, or 
for removal or the costs of removal of that hazardous 
substance.  Nothing in sections 1 to 15 shall be construed to 
limit or restrict in any way the liability of any person under 
any other state or federal law, including common law, for loss 
due to personal injury or disease, for economic loss, or for 
response costs arising out of any release or threatened release 
of a hazardous substance from a facility regardless of the time 
at which a hazardous substance was placed or came to be located 
in or on the facility.  The provisions of sections 1 to 15 shall 
not be considered, interpreted, or construed in any way as 
reflecting a determination, in whole or in part, of policy 
regarding the inapplicability of strict liability, or strict 
liability doctrines under any other state or federal law, 
including common law, to activities past, present or future, 
relating to hazardous substances, or pollutants or contaminants, 
or other similar activities.  
    Sec. 13.  [115B.13] [DOUBLE RECOVERY PROHIBITED.] 
    A person who recovers response costs or damages pursuant to 
sections 1 to 15 may not recover the same costs or damages 
pursuant to any other law.  A person who recovers response costs 
or damages pursuant to any other state or federal law may not 
recover for the same costs or damages pursuant to sections 1 to 
15.  
    Sec. 14.  [115B.14] [AWARD OF COSTS.] 
     Upon motion of a party prevailing in an action under 
sections 1 to 15 the court may award costs, disbursements and 
reasonable attorney fees and witness fees to that party.  
    Sec. 15.  [115B.15] [APPLICATION OF SECTIONS 1 TO 14.] 
    Sections 1 to 14 apply to any release or threatened release 
of a hazardous substance occurring on or after July 1, 1983, 
including any release which began before July 1, 1983, and 
continued after that date.  Sections 1 to 14 do not apply to a 
release or threatened release which occurred wholly before July 
1, 1983, regardless of the date of discovery of any injury or 
loss caused by the release or threatened release.  
    Sec. 16.  [115B.16] [DISPOSITION OF FACILITIES.] 
    Subdivision 1.  [CLOSED DISPOSAL FACILITIES; USE OF 
PROPERTY.] No person shall use any property on or in which 
hazardous waste remains after closure of a disposal facility as 
defined in section 115A.03, subdivision 10, in any way that 
disturbs the integrity of the final cover, liners, or any other 
components of any containment system, or the function of the 
disposal facility's monitoring systems, unless the agency finds 
that the disturbance:  
    (a) Is necessary to the proposed use of the property, and 
will not increase the potential hazard to human health or the 
environment; or 
    (b) Is necessary to reduce a threat to human health or the 
environment.  
    Subd. 2.  [RECORDING OF AFFIDAVIT.] Before any transfer of 
ownership of any property which the owner knew or should have 
known was used as the site of a hazardous waste disposal 
facility as defined in section 115A.03, subdivision 10, or which 
the owner knew or should have known is subject to extensive 
contamination by release of a hazardous substance, the owner 
shall record with the county recorder of the county in which the 
property is located an affidavit containing a legal description 
of the property that discloses to any potential transferee: 
    (a) That the land has been used to dispose of hazardous 
waste or that the land is contaminated by a release of a 
hazardous substance;  
    (b) The identity, quantity, location, condition and 
circumstances of the disposal or contamination to the full 
extent known or reasonably ascertainable; and 
    (c) That the use of the property or some portion of it may 
be restricted as provided in subdivision 1.  
     An owner must also file an affidavit within 60 days after 
any material change in any matter required to be disclosed under 
clauses (a) to (c) with respect to property for which an 
affidavit has already been recorded.  
    If the owner or any subsequent owner of the property 
removes the hazardous substance, together with any residues, 
liner, and contaminated underlying and surrounding soil, that 
owner may record an affidavit indicating the removal of the 
hazardous substance.  
    Failure to record an affidavit as provided in this 
subdivision does not affect or prevent any transfer of ownership 
of the property.  
    Subd. 3.  [DUTY OF COUNTY RECORDER.] The county recorder 
shall record all affidavits presented to him in accordance with 
subdivision 2.  The affidavits shall be recorded in a manner 
which will assure their disclosure in the ordinary course of a 
title search of the subject property.  
    Subd. 4.  [PENALTIES.] (a) Any person who knowingly 
violates the provisions of subdivision 1 is subject to a civil 
penalty in an amount determined by the court of not more than 
$100,000, and shall be liable under sections 4 and 5 for any 
release or threatened release of any hazardous substance 
resulting from the violation.  
    (b) Any person who knowingly fails to record an affidavit 
as required by subdivision 2 shall be liable under sections 4 
and 5 for any release or threatened release of any hazardous 
substance from a facility located on that property.  
    (c) A civil penalty may be imposed and recovered by an 
action brought by a county attorney or by the attorney general 
in the district court of the county in which the property is 
located.  
    (d) Any civil fines recovered under this subdivision shall 
be deposited in the fund.  
    Sec. 17.  [115B.17] [STATE RESPONSE TO RELEASES.] 
    Subdivision 1.  [REMOVAL AND REMEDIAL ACTION.] Whenever 
there is a release or substantial threat of release from a 
facility of any pollutant or contaminant which presents an 
imminent and substantial danger to the public health or welfare 
or the environment or whenever a hazardous substance is released 
or there is a threatened release of a hazardous substance from a 
facility:  
    (a) The agency may take any removal or remedial action 
relating to the hazardous substance, or pollutant or 
contaminant, which the agency deems necessary to protect the 
public health or welfare or the environment.  Before taking any 
action the agency shall:  
    (1) Request any responsible party known to the agency to 
take actions which the agency deems reasonable and necessary to 
protect the public health or welfare or the environment, stating 
the reasons for the actions, a reasonable time for beginning and 
completing the actions taking into account the urgency of the 
actions for protecting the public health or welfare or the 
environment, and the intention of the agency to take action if 
the requested actions are not taken as requested;  
    (2) Notify the owner of real property where the facility is 
located or where response actions are proposed to be taken, if 
the owner is not a responsible party, that responsible parties 
have been requested to take response actions and that the 
owner's cooperation will be required in order for responsible 
parties or the agency to take those actions; and 
    (3) Determine that the actions requested by the agency will 
not be taken by any known responsible party in the manner and 
within the time requested.  
    (b) The director may take removal action which he deems 
necessary to protect the public health or welfare or the 
environment if the director determines that the release or 
threatened release constitutes an emergency requiring immediate 
action to prevent, minimize or mitigate damage to the public 
health or welfare or the environment.  Before taking any action 
the director shall make reasonable efforts in light of the 
urgency of the action to follow the procedure provided in clause 
(a).  
    No removal action taken by any person shall be construed as 
an admission of liability for a release or threatened release.  
    Subd. 2.  [OTHER ACTIONS.] Whenever the agency or director 
is authorized to act pursuant to subdivision 1 or whenever the 
agency or director has reason to believe that a release of a 
hazardous substance, or a pollutant or contaminant, has occurred 
or is about to occur, or that illness, disease, or complaints 
thereof may be attributable to exposure to a hazardous 
substance, or a pollutant or contaminant, the agency or director 
may undertake investigations, monitoring, surveys, testing, and 
other similar activities necessary or appropriate to identify 
the existence and extent of the release or threat thereof, the 
source and nature of the hazardous substances, or pollutants or 
contaminants, and the extent of danger to the public health or 
welfare or the environment.  In addition, the agency may 
undertake planning, legal, fiscal, economic, engineering, 
architectural, and other studies or investigations necessary or 
appropriate to plan and direct a response action, to recover the 
costs of the response action, and to enforce the provisions of 
sections 1 to 18.  
    Subd. 3.  [DUTY TO PROVIDE INFORMATION.] Any person who the 
agency has reason to believe is responsible for a release or 
threatened release as provided in section 3, or who is the owner 
of real property where the release or threatened release is 
located or where response actions are proposed to be taken, when 
requested by the agency, or any member, employee or agent 
thereof who is authorized by the agency, shall furnish to the 
agency any information which he may have or may reasonably 
obtain which is relevant to the release or threatened release.  
    Subd. 4.  [ACCESS TO INFORMATION AND PROPERTY.] The agency 
or any member, employee or agent thereof authorized by the 
agency, upon presentation of credentials, may:  
    (a) Examine and copy any books, papers, records, memoranda 
or data of any person who has a duty to provide information to 
the agency under subdivision 3; and 
    (b) Enter upon any property, public or private, for the 
purpose of taking any action authorized by this section purpose 
of taking any action authorized by this section including 
obtaining information from any person who has a duty to provide 
the information under subdivision 3, conducting surveys or 
investigations, and taking removal or remedial action. 
    Subd. 5.  [CLASSIFICATION OF DATA.] Except as otherwise 
provided in this subdivision, data obtained from any person 
pursuant to subdivision 3 or 4 is public data as defined in 
section 13.02.  Upon certification by the subject of the data 
that the data relates to sales figures, processes or methods of 
production unique to that person, or information which would 
tend to affect adversely the competitive position of that 
person, the director shall classify the data as private or 
nonpublic data as defined in section 13.02.  Notwithstanding any 
other law to the contrary, data classified as private or 
nonpublic under this subdivision may be disclosed when relevant 
in any proceeding under sections 1 to 18, or to other public 
agencies concerned with the implementation of sections 1 to 18.  
    Subd. 6.  [RECOVERY OF EXPENSES.] Any reasonable and 
necessary expenses incurred by the agency or director pursuant 
to this section, including all response costs, and 
administrative and legal expenses, may be recovered in a civil 
action brought by the attorney general against any person who 
may be liable under section 4 or any other law.  The agency's 
certification of expenses shall be prima facie evidence that the 
expenses are reasonable and necessary.  Any expenses incurred 
pursuant to this section which are recovered by the attorney 
general pursuant to section 4 or any other law, including any 
award of attorneys fees, shall be deposited in the fund and 
credited to a special account for additional response actions as 
provided in section 20, subdivision 2, clause (b) or (d).  
    Subd. 7.  [ACTIONS RELATING TO NATURAL RESOURCES.] For the 
purpose of this subdivision, the state is the trustee of the 
air, water and wildlife of the state.  An action pursuant to 
section 4 for damages with respect to air, water or wildlife may 
be brought by the attorney general in the name of the state as 
trustee for those natural resources.  Any damages recovered by 
the attorney general pursuant to section 4 or any other law for 
injury to, destruction of, or loss of natural resources 
resulting from the release of a hazardous substance, or a 
pollutant or contaminant, shall be deposited in the fund and 
credited to a special account for the purposes provided in 
section 20, subdivision 2, clause (f).  
    Subd. 8.  [ACTIONS RELATING TO PESTICIDES OR FERTILIZER OR 
SOIL OR PLANT AMENDMENTS.] When the commissioner of agriculture 
has reported an incident involving the release of pesticides 
under the provisions of section 18A.37 or the release of 
fertilizers or soil or plant amendments, and the agency 
determines that the incident constitutes a release of a 
hazardous substance, or a pollutant or contaminant, the agency 
shall authorize the commissioner, subject to the provisions of 
subdivision 13, to take any action which the agency would be 
authorized to take under subdivisions 1 to 4.  Subject to the 
provisions of section 20, subdivision 3, the agency shall 
reimburse the commissioner from the fund for the reasonable and 
necessary expenses incurred in taking those actions and may 
recover any amount spent from the fund under subdivision 6.  
    Subd. 9.  [ACTIONS RELATING TO OCCUPATIONAL SAFETY AND 
HEALTH.] The agency, director and the commissioner of labor and 
industry shall make reasonable efforts to coordinate any actions 
taken under this section and under sections 182.65 to 182.674 to 
avoid duplication or conflict of actions or requirements with 
respect to a release or threatened release affecting the safety 
of any conditions or place of employment.  
    Subd. 10.  [ACTIONS RELATING TO HEALTH.] The agency and 
director shall make reasonable efforts to coordinate and consult 
with the commissioner of health in planning and directing 
response actions with respect to a release or threatened release 
affecting the public health.  If the commissioner of health, 
upon the request of the agency, takes any actions authorized 
under this section, the agency shall reimburse the commissioner 
from the fund for the reasonable and necessary expenses incurred 
in taking those actions and may recover any amount spent from 
the fund under subdivision 6.  
    Subd. 11.  [LIMIT ON ACTIONS BY POLITICAL SUBDIVISIONS.] 
When the agency or director has requested a person who is 
responsible for a release or threatened release to take any 
response action under subdivision 1, no political subdivision 
shall request or order that person to take any action which 
conflicts with the action requested by the agency or director.  
    Subd. 12.  [AUTHORIZATION OF CERTAIN RESPONSE ACTIONS.] For 
the purpose of permitting a political subdivision or private 
person to recover response costs as provided in section 4, 
subdivision 6, the agency may authorize the political 
subdivision to take removal or remedial actions or may authorize 
the private person to take removal actions with respect to any 
release of a hazardous substance which was placed or came to be 
located in the facility before April 1, 1982.  The authorization 
shall be based on application of the criteria in the rules of 
the agency adopted under subdivision 13 or, if the rules have 
not been adopted, under the criteria set forth in subdivision 13 
on which the rules are required to be based.  The authorization 
shall not be inconsistent with the criteria.  This subdivision 
shall not be construed to prohibit a political subdivision or 
private person from taking removal or remedial actions without 
the authorization of the agency.  
    Subd. 13.  [PRIORITIES; RULES.] By November 1, 1983, the 
agency shall establish a temporary list of priorities among 
releases or threatened releases for the purpose of taking 
remedial action and, to the extent practicable consistent with 
the urgency of the action, for taking removal action under this 
section.  The temporary list, with any necessary modifications, 
shall remain in effect until the agency adopts rules 
establishing state criteria for determining priorities among 
releases and threatened releases.  The agency shall adopt the 
rules by July 1, 1984.  After rules are adopted, a permanent 
priority list shall be established, and may be modified from 
time to time, according to the criteria set forth in the rules. 
Before any list is established under this subdivision the agency 
shall publish the list in the State Register and allow 30 days 
for comments on the list by the public.  
    The temporary list and the rules required by this 
subdivision shall be based upon the relative risk or danger to 
public health or welfare or the environment, taking into account 
to the extent possible the population at risk, the hazardous 
potential of the hazardous substances at the facilities, the 
potential for contamination of drinking water supplies, the 
potential for direct human contact, the potential for 
destruction of sensitive ecosystems, the administrative and 
financial capabilities of the agency, and other appropriate 
factors.  
    Sec. 18.  [115B.18] [FAILURE TO TAKE REQUESTED ACTIONS; 
CIVIL PENALTIES; ACTION TO COMPEL PERFORMANCE; INJUNCTIVE 
RELIEF.] 
    Subdivision 1.  [CIVIL PENALTIES.] Any person responsible 
for a release or threatened release from a facility of a 
pollutant or contaminant which presents an imminent and 
substantial danger to the public health or welfare or the 
environment or for a release or threatened release of a 
hazardous substance from a facility shall forfeit and pay to the 
state a civil penalty in an amount to be determined by the court 
of not more than $20,000 per day for each day that the person 
fails to take reasonable and necessary response actions or to 
make reasonable progress in completing response actions 
requested as provided in subdivision 3.  
    The penalty provided under this subdivision may be 
recovered by an action brought by the attorney general in the 
name of the state in connection with an action to recover 
expenses of the agency under section 17, subdivision 6, or by a 
separate action in the district court of Ramsey county.  All 
penalties recovered under this subdivision shall be deposited in 
the fund.  
    Subd. 2.  [ACTION TO COMPEL PERFORMANCE.] When any person 
who is responsible for a release or threatened release from a 
facility of a pollutant or contaminant which presents an 
imminent and substantial danger to the public health or welfare 
or the environment or for a release or threatened release of a 
hazardous substance from a facility, fails to take response 
actions or to make reasonable progress in completing response 
actions requested as provided in subdivision 3, the attorney 
general may bring an action in the name of the state to compel 
performance of the requested response actions.  If any person 
having any right, title, or interest in and to the real property 
where the facility is located or where response actions are 
proposed to be taken is not a person responsible for the release 
or threatened release, the person may be joined as an 
indispensable party in an action to compel performance in order 
to assure that the requested response actions can be taken on 
that property by the responsible parties.  
    Subd. 3.  [REQUESTS FOR RESPONSE ACTIONS.] A request for 
emergency removal action shall be made by the director.  Other 
requests for response actions shall be made by the agency.  A 
request shall be in writing, shall state the action requested, 
the reasons for the action, and a reasonable time by which the 
action must be begun and completed taking into account the 
urgency of the action for protection of the public health or 
welfare or the environment.  
     Subd. 4.  [INJUNCTIVE RELIEF.] The release or threatened 
release of a hazardous substance, or a pollutant or contaminant, 
shall constitute a public nuisance and may be enjoined in an 
action, in the name of the state, brought by the attorney 
general.  
    Sec. 19.  [115B.19] [PURPOSES OF FUND AND TAXES.] 
    In establishing the environmental response, compensation 
and compliance fund in section 20 and imposing taxes in section 
22 it is the purpose of the legislature to:  
    (a) Encourage treatment and disposal of hazardous waste in 
a manner that adequately protects the public health or welfare 
or the environment;  
    (b) Encourage responsible parties to provide the response 
actions necessary to protect the public and the environment from 
the effects of the release of hazardous substances;  
    (c) Encourage the use of alternatives to land disposal of 
hazardous waste including resource recovery, recycling, 
neutralization, and reduction;  
    (d) Provide state agencies with the financial resources 
needed to prepare and implement an effective and timely state 
response to the release of hazardous substances, including 
investigation, planning, removal and remedial action;  
    (e) Compensate for increased governmental expenses and loss 
of revenue and to provide other appropriate assistance to 
mitigate any adverse impact on communities in which commercial 
hazardous waste processing or disposal facilities are located 
under the siting process provided in chapter 115A;  
    (f) Recognize the environmental and public health costs of 
land disposal of solid waste and of the use and disposal of 
hazardous substances and to place the burden of financing state 
hazardous waste management activities on those whose products 
and services contribute to hazardous waste management problems 
and increase the risks of harm to the public and the environment.
    Sec. 20.  [115B.20] [ENVIRONMENTAL RESPONSE, COMPENSATION 
AND COMPLIANCE FUND.] 
    Subdivision 1.  [ESTABLISHMENT.] The environmental 
response, compensation and compliance fund is created as an 
account in the state treasury and may be spent only for the 
purposes provided in subdivision 2.  
    Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 
to appropriation by the legislature the money in the fund may be 
spent for any of the following purposes:  
    (a) Preparation by the agency for taking removal or 
remedial action under section 17, including investigation, 
monitoring and testing activities, enforcement and compliance 
efforts relating to the release of hazardous substances, 
pollutants or contaminants under section 17 or 18;  
    (b) Removal and remedial actions taken or authorized by the 
agency or director under section 17, including related 
enforcement and compliance efforts under section 17 or 18, and 
payment of the state share of the cost of remedial action which 
may be carried out under a cooperative agreement with the 
federal government pursuant to the Federal Superfund Act, under 
42 U.S.C. Section 9604(c)(3) for actions related to facilities 
other than commercial hazardous waste facilities located under 
the siting authority of chapter 115A;  
    (c) Reimbursement to any private person for expenditures 
made before July 1, 1983 to provide alternative water supplies 
deemed necessary by the agency and the department of health to 
protect the public health from contamination resulting from the 
release of a hazardous substance;  
    (d) Removal and remedial actions taken or authorized by the 
agency or director under section 17 including related 
enforcement and compliance efforts under section 17 or 18, and 
payment of the state share of the cost of remedial action which 
may be carried out under a cooperative agreement with the 
federal government pursuant to the Federal Superfund Act, under 
42 U.S.C. Section 9604(c)(3) for actions related to commercial 
hazardous waste facilities located under the siting authority of 
chapter 115A;  
    (e) Compensation as provided by law, after submission by 
the waste management board of the report required under section 
115A.08, subdivision 5, to mitigate any adverse impact of the 
location of commercial hazardous waste processing or disposal 
facilities located pursuant to the siting authority of chapter 
115A;  
    (f) Planning and implementation by the commissioner of 
natural resources of the rehabilitation, restoration or 
acquisition of natural resources to remedy injuries or losses to 
natural resources resulting from the release of a hazardous 
substance;  
    (g) Inspection, monitoring and compliance efforts by the 
agency, or by political subdivisions with agency approval, of 
commercial hazardous waste facilities located under the siting 
authority of chapter 115A;  
    (h) Grants by the agency or the waste management board to 
demonstrate alternatives to land disposal of hazardous waste 
including reduction, separation, pretreatment, processing and 
resource recovery, for education of persons involved in 
regulating and handling hazardous waste;  
    (i) Intervention and environmental mediation by the 
legislative commission on waste management under chapter 115A; 
and 
    (j) Grants by the agency to study the extent of 
contamination and feasibility of cleanup of hazardous substances 
and pollutants or contaminants in major waterways of the state.  
    Subd. 3.  [LIMIT ON CERTAIN EXPENDITURES.] The director or 
agency may not spend any money under subdivision 2, clause (b) 
or (d) for removal or remedial actions to the extent that the 
costs of those actions may be compensated from any fund 
established under the Federal Superfund Act, 42 U.S.C. Section 
9600 et seq.  The director or agency shall determine the extent 
to which any of the costs of those actions may be compensated 
under the federal act based on the likelihood that the 
compensation will be available in a timely fashion.  In making 
this determination the director or agency shall take into 
account:  
    (a) The urgency of the removal or remedial actions and the 
priority assigned under the Federal Superfund Act to the release 
which necessitates those actions;  
    (b) The availability of money in the funds established 
under the Federal Superfund Act; and 
    (c) The consistency of any compensation for the cost of the 
proposed actions under the Federal Superfund Act with the 
national contingency plan, if such a plan has been adopted under 
that act.  
    Subd. 4.  [REVENUE SOURCES.] Revenue from the following 
sources shall be deposited in the environmental response, 
compensation and compliance fund:  
    (a) The proceeds of the taxes imposed pursuant to section 
22, including interest and penalties;  
    (b) All money recovered by the state under sections 1 to 18 
or under any other statute or rule related to the regulation of 
hazardous waste or hazardous substances, including civil 
penalties and money paid under any agreement, stipulation or 
settlement but excluding fees imposed under section 25;  
    (c) All interest attributable to investment of money 
deposited in the fund; and 
    (d) All money received in the form of gifts, grants, 
reimbursement or appropriation from any source for any of the 
purposes provided in subdivision 2, except federal grants.  
    Subd. 5.  [RECOMMENDATION BY LCWM.] The legislative 
commission on waste management shall make recommendations to the 
standing legislative committees on finance and appropriations 
regarding appropriations from the fund.  
    Subd. 6.  [REPORT TO LEGISLATURE.] By November 1, 1984, and 
each year thereafter, the agency shall submit to the senate 
finance committee, the house appropriations committee and the 
legislative commission on waste management a report detailing 
the activities for which money from the environmental response, 
compensation and compliance fund has been spent during the 
previous fiscal year.  
    Sec. 21.  [115B.21] [TAXES; DEFINITIONS.] 
    Subdivision 1.  [APPLICATION.] The definitions provided in 
this section and section 2 apply to sections 21 to 24.  
    Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
commissioner of revenue.  
    Subd. 3.  [GENERATOR.] "Generator" means a person who 
generates hazardous waste and who is required to disclose the 
generation of hazardous waste under the hazardous waste rules of 
the agency adopted under section 116.07.  
    Subd. 4.  [LONG TERM CONTAINMENT.] "Long term containment" 
means land disposal or storage for a period of more than one 
year.  
    Subd. 5.  [TREATMENT.] "Treatment" means any material, 
technique or process designed to change the physical, chemical 
or biological character or composition of a hazardous waste in 
order to:  (a) neutralize it; (b) render it nonhazardous or less 
hazardous; (c) render it safer to transport, store or dispose 
of; (d) make it amenable to storage; or (e) reduce its volume.  
    Subd. 6.  [WASTEWATER TREATMENT UNIT.] "Wastewater 
treatment unit" means a device which is part of a wastewater 
treatment facility subject to regulation pursuant to the federal 
Clean Water Act under 33 U.S.C. Section 1317(b) or 1342.  
    Sec. 22.  [115B.22] [HAZARDOUS WASTE GENERATOR TAX.] 
    Subdivision 1.  [TAXES IMPOSED; EXCLUSIONS.] Each generator 
of hazardous waste shall pay the taxes imposed by this section 
based upon the volume and destination of the hazardous wastes 
generated.  The taxes imposed by this section do not apply to 
hazardous wastes destined for recycling or reuse including waste 
accumulated, stored, or physically, chemically, or biologically 
treated before recycling or reuse, to used crankcase oil, to 
hazardous waste which is generated as a result of any response 
action, or to hazardous waste which meets applicable 
pretreatment standards or compliance schedules and is discharged 
to a public sewage treatment works.  
    Subd. 2.  [LONG-TERM CONTAINMENT WITHOUT TREATMENT.] 
Hazardous waste destined for long-term containment without 
treatment shall be taxed at the rate of 32 cents per gallon of 
liquid or $32 per cubic yard of solid.  
    Subd. 3.  [LONG TERM CONTAINMENT AFTER TREATMENT.] 
Hazardous waste destined for long term containment after 
treatment shall be taxed at the rate of 16 cents per gallon of 
liquid or $16 per cubic yard of solid.  
    Subd. 4.  [LAND TREATMENT.] Hazardous waste destined for 
treatment in or on the land shall be taxed at the rate of $32 
per cubic yard.  
    Subd. 5.  [OTHER TREATMENT.] Hazardous waste destined for 
treatment, other than as provided in subdivision 6, to produce a 
material which is not hazardous, including treatment permitted 
by the agency in a sewage treatment works, or hazardous waste 
which is destined for destructive treatment by incineration 
shall be taxed at the rate of eight cents per gallon of liquid 
or $8 per cubic yard of solid.  
    Subd. 6.  [ON-SITE WASTEWATER TREATMENT.] The tax imposed 
under this section does not apply to hazardous waste which is 
destined for treatment in an on-site wastewater treatment unit 
to produce a material which is not hazardous before entering a 
public sewer system or waters of the state but the tax does 
apply to any residue of treatment which is a hazardous waste.  
    Subd. 7.  [DISPOSITION OF PROCEEDS.] The proceeds of the 
taxes imposed under this section including any interest and 
penalties shall be deposited in the fund.  
    Subd. 8.  [REVIEW OF TAX BY LCWM.] After the waste 
management board submits the plan required under section 115A.11 
to the legislative commission on waste management, the 
commission shall review the taxes and tax rates imposed under 
this section in light of the objectives and recommendations of 
the plan, and shall recommend to the standing tax committees of 
both houses of the legislature any changes in the taxes or tax 
rates which are needed to assist or encourage implementation of 
the strategies adopted by the state for management of hazardous 
waste.  
    Sec. 23.  [115B.23] [SEVERABILITY.] 
    If any tax imposed under section 22 is found to be invalid 
because of the purpose for which the proceeds were appropriated 
or made available under section 20, subdivision 2, the proceeds 
of that tax shall not be appropriated or available for the 
objectionable purposes, but the tax shall continue to be imposed 
and the proceeds shall be appropriated and made available for 
other purposes provided in section 20, subdivision 2.  
    Sec. 24.  [115B.24] [TAX ADMINISTRATION AND ENFORCEMENT.] 
    Subdivision 1.  [ANNUAL RETURNS.] Every generator of 
hazardous waste subject to taxation pursuant to section 22 shall 
file a return relating to the tax due for the preceding calendar 
year with the commissioner of revenue by April 15 each year, in 
the form prescribed by the commissioner.  Payment of the tax, to 
the extent not paid in full pursuant to subdivisions 2 and 3, 
shall be submitted with the return.  
    Subd. 2.  [DECLARATIONS OF ESTIMATED TAX.] For 1983, every 
generator of hazardous waste required to pay a tax pursuant to 
section 22 shall make a declaration of estimated hazardous waste 
generated for the last six months of calendar 1983 if the tax 
can reasonably be estimated to exceed $500.  The declaration of 
the estimated tax shall be filed by October 15, 1983.  The 
amount of estimated tax with respect to which a declaration is 
required shall be paid in two equal installments by October 15, 
1983 and January 15, 1984.  For 1984 and subsequent years, every 
generator of hazardous waste required to pay a tax pursuant to 
section 22 shall make a declaration of estimated hazardous waste 
generated for the calendar year if the tax can reasonably be 
expected to be in excess of $1,000.  The declaration of 
estimated tax shall be filed by March 15.  The amount of 
estimated tax with respect to which a declaration is required 
shall be paid in four equal installments on or before the 15th 
day of March, June, September, and December.  
     An amendment of a declaration may be filed in any interval 
between installment dates prescribed above but only one 
amendment may be filed in each interval.  If an amendment of a 
declaration is filed, the amount of each remaining installment 
shall be the amount which would have been payable if the new 
estimate had been made when the first estimate for the calendar 
year was made, increased or decreased, as the case may be, by 
the amount computed by dividing 
    (1) the difference between (A) the amount of estimated tax 
required to be paid before the date on which the amendment was 
made, and (B) the amount of estimated tax which would have been 
required to be paid before that date if the new estimate had 
been made when the first estimate was made, by 
    (2) the number of installments remaining to be paid on or 
after the date on which the amendment is made.  
    The commissioner of revenue may grant a reasonable 
extension of time for filing any declaration but the extension 
shall not be for more than six months.  
     Subd. 3.  [FAILURE TO PAY ESTIMATED TAX.] (a) In case of 
any underpayment of estimated tax required by this section, 
except as provided in clause (b), there shall be added to the 
tax for the taxable year an amount determined at the rate 
specified in section 270.75, subdivision 4, upon the amount of 
the underpayment for the period of the underpayment.  
    For purposes of this subdivision, the amount of the 
underpayment shall be the excess of 
    (1) the amount of the installment, over 
    (2) the amount, if any, of the installment paid on or 
before the last date prescribed for payment.  
    The period of the underpayment shall run from the date the 
installment was required to be paid to whichever of the 
following dates is the earlier:  
    (1) April 15, or 
    (2) With respect to any portion of the underpayment, the 
date on which the portion is paid.  For purposes of this 
paragraph, a payment of estimated tax on any installment date 
shall be considered a payment of any previous underpayment only 
to the extent the payment exceeds the amount of the installment 
determined under this subdivision for the installment date.  
    (b) Notwithstanding the provisions of clause (a), the 
addition to the tax with respect to any underpayment of any 
installment shall not be imposed if the total amount of all 
payments of estimated tax made on or before the last date 
prescribed for the payment of the installment equals or exceeds 
the amount which would have been required to be paid on or 
before that date if the estimated tax were the lesser of:  
    (1) For 1985 and thereafter, the tax shown on the return of 
the taxpayer for the preceding year or, for 1984, twice the 
amount of the tax shown for 1983; or 
    (2) Eighty percent of the actual liability for the year.  
    Subd. 4.  [REFUNDS OF OVERPAYMENTS OF ESTIMATED TAX.] 
Refunds of overpayments of estimated tax shall be made as 
provided in section 290.936.  
    Subd. 5.  [EXCHANGE OF INFORMATION.] Notwithstanding the 
provisions of section 116.075, the pollution control agency may 
provide the commissioner of revenue with the information 
necessary for the enforcement of section 22 and this section. 
Information disclosed in a return filed pursuant to this section 
is public.  Information exchanged between the commissioner and 
the agency is public unless the information is of the type 
determined to be for the confidential use of the agency pursuant 
to section 116.075 or is trade secret information classified 
pursuant to section 13.37.  Information obtained in the course 
of an audit of the taxpayer by the department of revenue shall 
be nonpublic or private data to the extent that it is not 
directly divulged in a return of the tax.  
    Subd. 6.  [PAYMENT BY OUT-OF-STATE GENERATORS.] A generator 
of any hazardous waste which is generated outside of this state 
and is transported into this state for long-term containment or 
treatment as described in section 22, subdivisions 2 to 5 shall 
pay the tax imposed by section 22 at the first point at which 
the hazardous wastes are received by a person in this state for 
storage, treatment or long-term containment.  The tax shall be 
paid to the person who first receives the wastes in this state 
at the time the waste is received and shall be remitted by that 
person to the commissioner of revenue quarterly in the form and 
manner provided by the commissioner.  
    Subd. 7.  [DUTIES OF THE AGENCY AND METROPOLITAN COUNTIES.] 
The agency shall provide to the commissioner the names and 
addresses of all persons known to the agency who are subject to 
tax under section 22, together with any information which the 
agency possesses concerning the amount of hazardous waste 
generated and disposed of by those persons.  Metropolitan 
counties required to regulate hazardous wastes under section 
473.811, subdivision 5b, shall provide to the agency the data 
and information necessary to allow the agency to carry out its 
duties under this subdivision.  Upon request by the 
commissioner, the agency shall examine returns and reports filed 
with the commissioner and notify the commissioner of any 
suspected inaccurate or fraudulent declaration or return.  The 
agency may assist in auditing any person subject to tax under 
section 22 when requested by the commissioner.  
    Subd. 8.  [PENALTIES; ENFORCEMENT.] The audit, penalty and 
enforcement provisions applicable to taxes imposed under chapter 
290 apply to the taxes imposed under section 22 and those 
provisions shall be administered by the commissioner.  
    Subd. 9.  [RULES.] The commissioner may adopt temporary and 
permanent rules necessary to implement the provisions of this 
section and section 22.  
    Subd. 10.  [ADMINISTRATIVE EXPENSES.] Any amount expended 
by the commissioner from a general fund appropriation to enforce 
and administer section 22 and this section shall be reimbursed 
to the general fund and the amount necessary to make the 
reimbursement is appropriated from the fund to the commissioner 
of finance for transfer to the general fund.  
    Sec. 25.  [116.12] [HAZARDOUS WASTE ADMINISTRATION FEES.] 
    Subdivision 1.  [FEE SCHEDULES.] The agency shall establish 
the fees provided in subdivisions 2 and 3 in the manner provided 
in section 16A.128 to cover the amount appropriated from the 
general fund to the agency for that year for permitting, 
monitoring, inspection and enforcement expenses of the hazardous 
waste activities of the agency.  
    The legislature may appropriate additional amounts that 
need not be covered by fees or may provide that the fees shall 
cover only a portion of the general fund appropriation for the 
hazardous waste activities of the agency, in order to assure 
adequate funding for the regulatory and enforcement functions of 
the agency related to hazardous waste.  All fees collected by 
the agency under this section shall be deposited in the general 
fund.  
    Subd. 2.  [HAZARDOUS WASTE GENERATOR FEE.] Each generator 
of hazardous waste shall pay a fee on the hazardous waste which 
he generates.  The agency shall compute the amount of the fee 
due based on the hazardous waste disclosures submitted by the 
generators and other information available to the agency.  The 
agency shall annually prepare a statement of the amount of the 
fee due from each generator.  The fee shall be paid annually 
commencing with the first day of the calendar quarter after the 
date of the statement.  
    The agency may exempt generators of small quantities of 
hazardous wastes otherwise subject to the fee if it finds that 
the cost of administering a fee on those generators is excessive 
relative to the proceeds of the fee.  The fee shall consist of a 
minimum fee for each generator not exempted by the agency and an 
additional fee based on the quantity of wastes generated by the 
generator.  
    If any metropolitan counties recover the costs of 
administering county hazardous waste regulations by charging 
fees, the fees charged by the agency outside of those counties 
shall not exceed the fees charged by those counties.  The agency 
shall not charge a fee in any metropolitan county which charges 
such a fee.  The agency shall impose a fee calculated as a 
surcharge on the fees charged by the metropolitan counties and 
by the agency to reflect the agency's expenses in carrying out 
its statewide hazardous waste regulatory responsibilities.  The 
surcharge imposed on the fees charged by the metropolitan 
counties shall be collected by the metropolitan counties in the 
manner in which the counties collect their generator fees. 
Metropolitan counties shall remit the proceeds of the surcharge 
to the agency by the last day of the month following the month 
in which they were collected.  
    Subd. 3.  [FACILITY FEES.] The agency shall charge an 
original permit fee, a reissuance fee and an annual operator's 
fee for any hazardous waste facility regulated by the agency. 
The agency may include reasonable and necessary costs of any 
environmental review required under chapter 116D in the original 
permit fee for any hazardous waste facility.  
    Sec. 26.  Minnesota Statutes 1982, section 115A.24, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CERTIFICATE.] Except as provided in 
subdivision 2, By December 15, 1982, on the basis of and 
consistent with its hazardous waste management plan adopted 
under section 115A.11, the board shall issue a certificate or 
certificates of need for disposal facilities for hazardous 
wastes in the state.  The certificate or certificates shall 
indicate the types and volumes of waste for which disposal 
facilities are and will be needed through the year 2000 and the 
number, types, sizes, general design and operating 
specifications, and function or use of the disposal facilities 
needed in the state.  The board shall certify need only to the 
extent that the board has determined that there are no feasible 
and prudent alternatives including waste reduction, separation, 
pretreatment, processing, and resource recovery which would 
minimize adverse impact upon natural resources, provided that 
the board shall require the establishment of at least one 
commercial disposal facility in the state.  Economic 
considerations alone shall not justify certification nor the 
rejection of alternatives.  Alternatives that are speculative 
and conjectural shall not be deemed to be feasible and prudent. 
The board shall consider all technologies being developed in 
other countries as well as in the United States when it 
considers the alternatives to hazardous waste disposal.  The 
certificate or certificates shall not be subject to the 
provisions of chapter 14 but shall be the final determination 
required on the matters decided by the certificate or 
certificates and shall have the force and effect of law.  The 
certificate or certificates shall not be amended for five 
years.  The board and the permitting agencies, in reviewing and 
selecting sites, completing environmental impact statements, and 
issuing approvals and permits for waste disposal facilities 
described in the certificate or certificates of need, shall not 
reconsider matters determined in the certification.  The board 
and the permitting agencies shall be required to make a final 
decision approving the establishment of facilities consistent 
with the certification.  The board and the permitting agencies 
shall be required to make a final decision approving the 
establishment of at least one commercial disposal facility for 
hazardous waste in the state. 
    Sec. 27.  Minnesota Statutes 1982, section 466.01, is 
amended by adding a subdivision to read: 
    Subd. 3.  For the purposes of sections 466.01 to 466.15, 
"release" and "hazardous substance" have the meanings given in 
section 2.  
    Sec. 28.  Minnesota Statutes 1982, section 466.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LIMITS; PUNITIVE DAMAGES.] Liability of 
any municipality on any claim within the scope of sections 
466.01 to 466.15 shall not exceed 
    (a) $100,000 when the claim is one for death by wrongful 
act or omission and $100,000 to any claimant in any other case;  
    (b) $300,000 for any number of claims arising out of a 
single occurrence.;  
    (c) Twice the limits provided in clauses (a) and (b), but 
not less than $300,000 per claim, when the claim arises out of 
the release or threatened release of a hazardous substance, 
whether the claim is brought under sections 1 to 15 or under any 
other law.  
    No award for damages on any such claim shall include 
punitive damages.  
    Sec. 29.  [RECOMMENDATIONS CONCERNING ALLOCATION OF 
LIABILITY.] 
    The waste management board shall make recommendations to 
the legislature by November 1, 1983 regarding the allocation of 
liability among the owners, operators, and users of a hazardous 
waste disposal facility established pursuant to sections 115A.18 
to 115A.30, including any recommended legislative changes, 
taking into consideration the need for the facility, the state's 
involvement in the facility, the need to protect the health, 
property and environment of the local community from injury and 
loss, and the need for incentives to encourage the development 
and use of alternatives to land disposal.  The recommendations 
shall be made after consultation with affected industries, 
including insurers, generators, transporters, disposers, and 
treaters of hazardous waste, individuals, including academic, 
scientific and legal professionals, and groups, including 
community and environmental groups.  
    Sec. 30.  [VICTIM COMPENSATION STUDY.] 
    By July 1, 1984, the legislative commission on waste 
management shall conduct a study and make recommendations to the 
legislature on the creation of a compensation fund to compensate 
persons who are injured as the result of a release of a 
hazardous substance and who would not otherwise be adequately 
compensated for their injuries.  The study shall consider 
matters including the following:  
    (a) The appropriate scope of compensation which should be 
provided by the fund including the extent of any compensation 
which should be available for medical expenses, disability, loss 
of income, physical impairment, and death;  
    (b) Creation of a simple, speedy, and cost efficient claims 
procedure which provides an effective remedy for injured 
claimants;  
    (c) Methods by which compensation can be financed by those 
who create or contribute to the risk of injury from hazardous 
substance releases, including the manner by which the state may 
seek to recover amounts paid from the fund; and 
    (d) Whether the fund should be established or administered 
at the federal or state level and the appropriate degree of 
state and federal cooperation in providing compensation.  
    Sec. 31.  [INSURANCE STUDY.] 
    The commissioner of insurance shall conduct a study of 
insurance providing coverage for liability under section 5.  The 
commissioner shall submit the results of the study, together 
with his recommendations, to the legislature by July 1, 1985. 
The director of the pollution control agency shall cooperate 
with and provide assistance to the commissioner during the 
course of the study.  
    Sec. 32.  [APPROPRIATION; COMPLEMENT.] 
    Subdivision 1.  [APPROPRIATION TO FUND.] $5,000,000 is 
appropriated from the general fund and transferred to the 
environmental response, compensation, and compliance fund 
established in section 20.  This appropriation is available 
until expended.  
    Subd. 2.  [TAX ADMINISTRATION; COMPLEMENT.] $50,000 in 
fiscal year 1984 and $40,000 in fiscal year 1985 is appropriated 
from the general fund to the commissioner of revenue for the 
purposes of administering and enforcing sections 21 to 24.  This 
appropriation shall be reimbursed to the general fund under the 
provisions of section 24, subdivision 10.  
    The complement of the department of revenue is increased by 
two positions.  
    Subd. 3.  [APPROPRIATION FOR RESPONSE ACTIONS; COMPLEMENT.] 
$483,700 in fiscal year 1984 and $400,700 in fiscal year 1985 is 
appropriated from the environmental response, compensation, and 
compliance fund to the pollution control agency for 
administrative costs.  
    The complement of the pollution control agency is increased 
by ten positions.  
    All money in the environmental response, compensation, and 
compliance fund not otherwise appropriated is appropriated to 
the pollution control agency for the purposes described in 
section 20, subdivision 2, clauses (a), (b), and (c).  This 
appropriation is available until June 30, 1985.  
    Subd. 4.  [APPROPRIATION FOR COMPLIANCE ACTIONS; 
COMPLEMENT.] $45,600 in fiscal year 1984 and $56,400 in fiscal 
year 1985 is appropriated from the general fund to the attorney 
general for the purposes of enforcing this act.  This 
appropriation shall be reimbursed to the general fund from the 
environmental response, compensation, and compliance fund, and 
the amount necessary to make the reimbursement is appropriated 
to the commissioner of finance for transfer to the general fund. 
    The complement of the office of the attorney general is 
increased by two positions.  
    Subd. 5.  [APPROPRIATION FOR VICTIM COMPENSATION STUDY.] 
$20,000 is appropriated from the general fund to the legislative 
commission on waste management to carry out the study required 
by section 30.  
    Subd. 6.  [APPROPRIATION FOR INSURANCE STUDY.] There is 
appropriated from the general fund to the commissioner of 
insurance $5,000 for fiscal year 1984, to conduct the study 
described in section 31.  
    Sec. 33.  [REPEALER.] 
    Minnesota Statutes 1982, section 115A.24, subdivision 2, is 
repealed.  
    Sec. 34.  [EFFECTIVE DATE.] 
    Sections 17 to 24 are effective the day following final 
enactment.  The taxes imposed by section 22 are effective July 
1, 1983.  The remaining sections of this act are effective July 
1, 1983. 
    Approved May 10, 1983