Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 683-S.F.No. 2289 
           An act relating to the environment; authorizing the 
          waste management board to enter agreements providing 
          for the development and operation of a wholly or 
          partially state owned stabilization and containment 
          facility; directing the board to make recommendation 
          for legislative changes needed to implement facility 
          development and operation; amending Minnesota Statutes 
          1987 Supplement, sections 115C.04, subdivisions 1 and 
          3; and 115C.09, subdivisions 1, 2, and by adding a 
          subdivision; proposing coding for new law in Minnesota 
          Statutes, chapter 115A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [115A.195] [PUBLIC PARTICIPATION IN OWNERSHIP 
AND MANAGEMENT OF FACILITY.] 
    The stabilization and containment facility developed under 
sections 115A.18 to 115A.30 may be wholly owned by the state or 
jointly owned by the state and a developer selected by the board 
under section 115A.191.  The board chair may negotiate and the 
board may enter agreements with a selected developer providing 
terms and conditions for the development and operation of the 
facility.  If the agreements provide for capital improvements or 
equipment, or for payment of state money, the agreements may be 
implemented only if funds are appropriated and available to the 
board for those purposes.  
    Sec. 2.  Minnesota Statutes 1987 Supplement, section 
115C.04, subdivision 1, is amended to read: 
    Subdivision 1.  [CORRECTIVE ACTION LIABILITY.] (a) A 
responsible person is liable for the cost of the corrective 
action taken by the agency under section 115C.03, subdivisions 2 
and 3, including the cost of investigating the release and 
administrative and legal expenses, if:  
    (1) the responsible person has failed to take a corrective 
action ordered by the director and the agency has taken the 
action; 
    (2) the agency has taken corrective action in an emergency 
under section 115C.03, subdivision 3; or 
    (3) the agency has taken corrective action because a 
responsible person could not be identified.  
    (b) A responsible person is liable for the reimbursement 
paid by the petroleum tank release compensation board under 
section 115C.09, subdivision 3a, to the extent the reimbursement 
is for corrective action that the responsible person could have 
been ordered to perform under section 115C.03, subdivision 1. 
    Sec. 3.  Minnesota Statutes 1987 Supplement, section 
115C.04, subdivision 3, is amended to read: 
    Subd. 3.  [AGENCY COST RECOVERY.] Reasonable and necessary 
expenses incurred by the agency in taking a corrective action, 
including costs of investigating a release and, administrative 
and legal expenses, and reimbursement costs described in 
subdivision 1, paragraph (b), may be recovered in a civil action 
in district court brought by the attorney general against a 
responsible person.  The agency's certification of expenses is 
prima facie evidence that the expenses are reasonable and 
necessary.  Expenses that are recovered under this section must 
be deposited in the fund.  
    Sec. 4.  Minnesota Statutes 1987 Supplement, section 
115C.09, subdivision 1, is amended to read: 
    Subdivision 1.  [REIMBURSABLE CORRECTIVE ACTIONS.] The 
board shall provide partial reimbursement for the cost of 
corrective action to eligible responsible persons for releases 
reported costs incurred after June 4, 1987.  
    Sec. 5.  Minnesota Statutes 1987 Supplement, section 
115C.09, subdivision 2, is amended to read: 
    Subd. 2.  [RESPONSIBLE PERSON ELIGIBILITY.] (a) A 
responsible person who has taken corrective action and incurred 
costs after June 4, 1987, in response to a release reported 
after June 4, 1987, may apply to the board for partial 
reimbursement under subdivision 3 and rules adopted by the board.
    (b) A reimbursement may not be made unless the board 
determines that: 
    (1) the director has determined that the corrective action 
has adequately addressed the release and that the release no 
longer poses a threat to public health and welfare or the 
environment;  
    (2) at the time of the release the tank was in compliance 
with state and federal rules and regulations applicable to the 
tank, including rules or regulations relating to financial 
responsibility; 
    (3) the agency was given notice of the release as required 
by section 115.061; 
    (4) the responsible person, to the extent possible, fully 
cooperated with the agency in responding to the release; and 
    (5) if the responsible person is an operator, the person 
exercised due care with regard to operation of the tank, 
including maintaining inventory control procedures. 
    Sec. 6.  Minnesota Statutes 1987 Supplement, section 
115C.09, is amended by adding a subdivision to read: 
    Subd. 3a.  [ELIGIBILITY OF OTHER PERSONS.] Notwithstanding 
the provisions of subdivisions 1 to 3, the board shall provide 
full reimbursement to a person who has taken corrective action 
if the board determines that: 
    (1) the person took the corrective action in response to a 
request or order of the director made under this chapter; 
    (2) the director has determined that the person was not a 
responsible person under section 115C.02; and 
    (3) the costs for which reimbursement is requested were 
actually incurred and were reasonable. 
    Sec. 7.  [RECOMMENDATIONS TO LEGISLATURE.] 
    By January 15, 1989, the board shall submit to the 
legislative commission on waste management a copy of its 
agreements with the selected developer concerning the 
development and operation of the stabilization and containment 
facility.  The board shall also submit its recommendations 
concerning the legislative actions necessary to develop and 
operate the facility as provided in the agreements, including 
the types and amounts of necessary state financial assistance.  
The recommendations must also include a proposal for the 
financial assurance requirements necessary to provide for the 
payment of claims for damages and response costs that may result 
from the facility during operation and after closure.  The 
financial assurance proposal must be designed to cover claims 
that may reasonably be anticipated based upon an analysis of the 
type and magnitude of the risks posed by the facility. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Approved April 27, 1988