Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 512-H.F.No. 1985 
           An act relating to the environment; providing 
          protection from liability for releases of hazardous 
          substances to persons not otherwise liable who 
          undertake and complete cleanup actions under an 
          approved cleanup plan; providing for submission and 
          approval of cleanup plans and supervision of cleanup 
          by the commissioner of the pollution control agency; 
          authorizing the commissioner of the pollution control 
          agency to issue determinations or enter into 
          agreements with property owners near the source of 
          releases of hazardous substances regarding future 
          cleanup liability; appropriating money; amending 
          Minnesota Statutes 1990, section 115B.17, subdivision 
          14; proposing coding for new law in Minnesota 
          Statutes, chapter 115B. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 115B.17, 
subdivision 14, is amended to read: 
    Subd. 14.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
OVERSIGHT.] (a) The commissioner may, upon request, assist a 
person in determining whether real property has been the site of 
a release or threatened release of a hazardous substance, 
pollutant, or contaminant.  The commissioner may also assist in, 
or supervise, the development and implementation of reasonable 
and necessary response actions.  Assistance may include review 
of agency records and files, and review and approval of a 
requester's investigation plans and reports and response action 
plans and implementation. 
     (b) The person requesting assistance under this subdivision 
shall pay the agency for the agency's cost, as determined by the 
commissioner, of providing assistance.  Money received by the 
agency for assistance under this section must be deposited in 
the environmental response, compensation, and compliance fund. 
    (c) When a person investigates a release or threatened 
release in accordance with an investigation plan approved by the 
commissioner under this subdivision, the investigation does not 
associate that person with the release or threatened release for 
the purpose of section 115B.03, subdivision 3, paragraph (d). 
    Sec. 2.  [115B.175] [VOLUNTARY RESPONSE ACTIONS; LIABILITY 
PROTECTION; PROCEDURES.] 
    Subdivision 1.  [PROTECTION FROM LIABILITY; SCOPE.] (a) 
Subject to the provisions of this section, a person who is not 
otherwise responsible under sections 115B.01 to 115B.18 for a 
release or threatened release will not be responsible under 
those sections for the release or threatened release if the 
person undertakes and completes response actions to remove or 
remedy all known releases and threatened releases at an 
identified area of real property in accordance with a voluntary 
response action plan approved by the commissioner. 
    (b) The liability protection provided under this 
subdivision applies to releases or threatened releases at the 
identified property that are not required to be removed or 
remedied by the approved voluntary response action plan if the 
requirements of subdivision 2 are met. 
    Subd. 2.  [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR 
APPROVAL.] (a) The commissioner may approve a voluntary response 
action plan submitted under this section that does not require 
removal or remedy of all releases and threatened releases at an 
identified area of real property if the commissioner determines 
that all of the following criteria have been met: 
    (1) if reuse or development of the property is proposed, 
the voluntary response action plan provides for all response 
actions required to carry out the proposed reuse or development 
in a manner that protects public health and welfare and the 
environment; 
    (2) the response actions and the activities associated with 
any reuse or development proposed for the property will not 
aggravate or contribute to releases or threatened releases that 
are not required to be removed or remedied under the voluntary 
response action plan, and will not interfere with or 
substantially increase the cost of response actions to address 
the remaining releases or threatened releases; and 
    (3) the owner of the property agrees to cooperate with the 
commissioner or other persons acting at the direction of the 
commissioner in taking response actions necessary to address 
remaining releases or threatened releases, and to avoid any 
action that interferes with the response actions. 
    (b) Under paragraph (a), clause (3), an owner may be 
required to agree to any or all of the following terms necessary 
to carry out response actions to address remaining releases or 
threatened releases: 
    (1) to provide access to the property to the commissioner 
and the commissioner's authorized representatives; 
    (2) to allow the commissioner, or persons acting at the 
direction of the commissioner, to undertake activities at the 
property including placement of borings, wells, equipment, and 
structures on the property; and 
    (3) to grant easements or other interests in the property 
to the agency for any of the purposes provided in clause (1) or 
(2). 
    (c) An agreement under paragraph (a), clause (3), must 
apply to and be binding upon the successors and assigns of the 
owner.  The owner shall record the agreement, or a memorandum 
approved by the commissioner that summarizes the agreement, with 
the county recorder or registrar of titles of the county where 
the property is located. 
    Subd. 3.  [SUBMISSION AND APPROVAL OF VOLUNTARY RESPONSE 
ACTION PLANS.] (a) A person shall submit a voluntary response 
action plan to the commissioner under section 115B.17, 
subdivision 14.  The commissioner may provide assistance to 
review voluntary response action plans or supervise response 
action implementation under that subdivision. 
    (b) A voluntary response action plan submitted for approval 
of the commissioner must include an investigation report that 
describes the methods and results of an investigation of the 
releases and threatened releases at the identified area of real 
property.  The commissioner must not approve the voluntary 
response action plan unless the commissioner determines that the 
nature and extent of the releases and threatened releases at the 
identified area of real property have been adequately identified 
and evaluated in the investigation report. 
    (c) Response actions required in a voluntary response 
action plan under this section must meet the same standards for 
protection of public health and welfare and the environment that 
apply to response actions taken or requested under section 
115B.17, subdivision 1 or 2. 
    (d) When the commissioner approves a voluntary response 
action plan, the commissioner may include in the approval an 
acknowledgment that, upon certification of completion of the 
response actions as provided in subdivision 5, the person 
submitting the plan will receive the protection from liability 
provided under this section. 
    Subd. 4.  [PERFORMANCE OF RESPONSE ACTIONS DOES NOT 
ASSOCIATE PERSONS WITH RELEASE.] Persons specified in 
subdivision 6 do not associate themselves with any release or 
threatened release identified in an approved voluntary response 
action plan for the purpose of section 115B.03, subdivision 3, 
paragraph (d), as a result of performance of the response 
actions required in accordance with the plan and the direction 
of the commissioner.  This subdivision does not apply to a 
person specified in subdivision 7.  Nothing in this section 
relieves a person of any liability for failure to exercise due 
care in performing a response action. 
    Subd. 5.  [CERTIFICATION OF COMPLETION OF RESPONSE 
ACTIONS.] (a) Response actions taken under an approved voluntary 
response action plan are not completed until the commissioner 
certifies completion in writing. 
    (b) Certification of completion of response actions taken 
under a voluntary response action plan that does not require 
removal or remedy of all releases and threatened releases is 
subject to compliance by the owner, and the owner's successors 
and assigns, with the terms of the agreement required under 
subdivision 2, paragraph (a), clause (3). 
    Subd. 6.  [PERSONS PROTECTED FROM LIABILITY.] In addition 
to the person who undertakes and completes response actions, and 
subject to the provisions of subdivision 7, the liability 
protection provided by this section applies to the following 
persons when the commissioner issues the certificate of 
completion of response actions under subdivision 5: 
    (1) the owner of the identified property, if the owner is 
not responsible for any release or threatened release identified 
in the approved voluntary response action plan; 
    (2) a person providing financing to the person who 
undertakes and completes the response actions, or who acquires 
or develops the identified property; and 
    (3) a successor or assign of any person to whom the 
liability protection applies. 
    Subd. 7.  [PERSONS NOT PROTECTED FROM LIABILITY.] The 
protection from liability provided by this section does not 
apply to: 
    (1) a person who aggravates or contributes to a release or 
threatened release that was not remedied under an approved 
voluntary response action plan; 
    (2) a person who was responsible under sections 115B.01 to 
115B.18 for a release or threatened release identified in the 
approved voluntary response action plan before taking an action 
that would have made the person subject to the protection under 
subdivision 6; or 
    (3) a person who obtains approval of a voluntary response 
action plan for purposes of this section by fraud or 
misrepresentation, or by knowingly failing to disclose material 
information, or who knows that approval was so obtained before 
taking an action that would have made the person subject to the 
protection under subdivision 6. 
    Subd. 8.  [OTHER RIGHTS AND AUTHORITIES NOT 
AFFECTED.] Nothing in this section affects the authority of the 
agency or commissioner to exercise any powers or duties under 
this chapter or other law with respect to any release or 
threatened release, or the right of the agency, the 
commissioner, or any other person to seek any relief available 
under this chapter against any party who is not subject to the 
liability protection provided under this section. 
    Sec. 3.  [115B.177] [OWNER OF REAL PROPERTY AFFECTED BY 
OFF-SITE RELEASE.] 
    Subdivision 1.  [DETERMINATION OR AGREEMENT BY 
COMMISSIONER.] (a) The commissioner may issue a written 
determination or enter into an agreement to take no action under 
sections 115B.01 to 115B.18 against a person who owns real 
property subject to a release of a hazardous substance, or 
pollutant or contaminant, if the commissioner finds that the 
release originates from a source on adjacent or nearby real 
property and that the person is not otherwise responsible for 
the release. 
     (b) A determination issued or agreement entered into under 
this section must be conditioned upon the following: 
     (1) agreement by the person to allow entry upon the 
property to the commissioner and the authorized representatives 
of the commissioner to take response actions to address the 
release, including in appropriate cases an agreement to grant 
easements to the state for that purpose; 
     (2) agreement by the person to avoid any interference with 
the response actions to address the release taken by or at the 
direction of the agency or the commissioner, and to avoid 
actions that contribute to the release; 
     (3) invalidation of the determination or agreement if the 
commissioner receives new information indicating that the 
property owned by the person is a source of the release or that 
the person is otherwise responsible for the release; and 
     (4) any other condition that the commissioner deems 
reasonable and necessary to ensure that the agency and 
commissioner can adequately respond to the release. 
     Subd. 2.  [SCOPE AND EFFECT OF DETERMINATION OR 
AGREEMENT.] (a) A determination issued or agreement entered into 
under this section may extend to the successors and assigns of 
the person to whom it originally applies, if the successors and 
assigns are not otherwise responsible for the release and are 
bound by the conditions in the determination or agreement. 
    (b) Issuance of a determination or execution of an 
agreement under this section does not affect the authority of 
the agency or commissioner to take any response action under 
sections 115B.01 to 115B.18 with respect to the release subject 
to the determination or agreement, or to take administrative or 
judicial action under those sections with respect to persons not 
bound by the determination or agreement. 
    Sec. 4.  [PROPERTY TRANSFER PROGRAM; POLLUTION CONTROL 
AGENCY; COMPLEMENT AND APPROPRIATION.] 
    Subdivision 1.  [COMPLEMENT.] The complement of the 
pollution control agency is increased by 7 positions for the 
purpose of providing assistance under Minnesota Statutes, 
section 115B.17, subdivision 14, including assistance to carry 
out the provisions of section 1. 
    Subd. 2.  [APPROPRIATION.] $545,000 is appropriated to the 
pollution control agency from the environmental response, 
compensation, and compliance account for the biennium ending 
June 30, 1993, for the purpose of providing assistance as 
specified in subdivision 1. 
    Sec. 5.  [SHORT TITLE.] 
    This act may be referred to as the "land recycling act of 
1992." 
    Sec. 6.  [EFFECTIVE DATE; APPLICATION.] 
    This act is effective the day following final enactment.  
Section 3 applies to a determination issued or an agreement 
entered into by the commissioner of the pollution control agency 
prior to its effective date if the determination or agreement 
meets the requirements of that section. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 23, 1992, 11:55 a.m.