Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 639-H.F.No. 3086
An act relating to the environment; establishing an
environmental cleanup program for landfills; providing
for buy-outs for insurers; increasing the solid waste
generator fee; transferring the balance in the
metropolitan landfill contingency action trust fund;
authorizing the sale of bonds; renaming the office of
waste management as the office of environmental
assistance and providing for appointment of the
director; transferring certain personnel, powers, and
duties to the office of environmental assistance;
transferring solid and hazardous waste management
personnel, powers, and duties of the metropolitan
council to the office of environmental assistance;
expanding the authority of the commissioner of the
pollution control agency to issue determinations
regarding liability for releases of hazardous
substances and petroleum; requiring environmental
review of certain projects; authorizing rules;
providing penalties; appropriating money; amending
Minnesota Statutes 1992, sections 115A.055; 115B.04,
by adding a subdivision; 115B.42, subdivision 1;
115C.03, subdivision 9; 116G.15; and 281.17; Minnesota
Statutes 1993 Supplement, sections 115B.178,
subdivision 1; 115B.42, subdivision 2; 116.07,
subdivision 10; and 281.13; proposing coding for new
law in Minnesota Statutes, chapters 115B; and 116G.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1992, section 115B.04, is
amended by adding a subdivision to read:
Subd. 4a. [CLAIMS BY MIXED MUNICIPAL SOLID WASTE DISPOSAL
FACILITIES.] (a) Except as provided in paragraph (b), liability
under this section for claims by owners or operators of mixed
municipal solid waste disposal facilities that accept waste on
or after April 9, 1994, and are not qualified facilities under
section 115B.39, subdivision 2, is limited to liability for
response costs exceeding the amount of available financial
assurance funds required under section 116.07, subdivision 4h.
(b) This subdivision does not affect liability under this
section for claims based on the illegal disposal of waste at a
facility.
Sec. 2. [115B.39] [LANDFILL CLEANUP PROGRAM;
ESTABLISHMENT.]
Subdivision 1. [ESTABLISHMENT.] The landfill cleanup
program is established to provide environmental response at
qualified facilities and is to be administered by the
commissioner.
Subd. 2. [DEFINITIONS.] (a) In addition to the definitions
in this subdivision, the definitions in sections 115A.03 and
115B.02 apply to sections 115B.39 to 115B.46, except as
specifically modified in this subdivision.
(b) "Cleanup order" means a consent order between
responsible persons and the agency or an order issued by the
United States Environmental Protection Agency under section 106
of the Federal Superfund Act.
(c) "Closure" means actions to prevent or minimize the
threat to public health and the environment posed by a mixed
municipal solid waste disposal facility that has stopped
accepting waste by controlling the sources of releases or
threatened releases at the facility. "Closure" includes
removing contaminated equipment and liners; applying final
cover; grading and seeding final cover; installing wells,
borings, and other monitoring devices; constructing groundwater
and surface water diversion structures; and installing gas
control systems and site security systems, as necessary. The
commissioner may authorize use of final cover that includes
processed materials that meet the requirements in Code of
Federal Regulations, title 40, section 503.32, paragraph (a).
(d) "Contingency action" means organized, planned, or
coordinated courses of action to be followed in case of fire,
explosion, or release of solid waste, waste by-products, or
leachate that could threaten human health or the environment.
(e) "Corrective action" means steps taken to repair
facility structures including liners, monitoring wells,
separation equipment, covers, and aeration devices and to bring
the facility into compliance with design, construction,
groundwater, surface water, and air emission standards.
(f) "Decomposition gases" means gases produced by chemical
or microbial activity during the decomposition of solid waste.
(g) "Environmental response action" means response action
at a qualified facility, including corrective action, closure,
postclosure care; contingency action; environmental studies,
including remedial investigations and feasibility studies;
engineering, including remedial design; removal; remedial
action; site construction; and other similar cleanup-related
activities.
(h) "Environmental response costs" means:
(1) costs of environmental response action, not including
legal or administrative expenses; and
(2) costs required to be paid to the federal government
under section 107(a) of the federal Superfund Act, as amended.
(i) "Postclosure" or "postclosure care" means actions taken
for the care, maintenance, and monitoring of closure actions at
a mixed municipal solid waste disposal facility.
(j) "Qualified facility" means a mixed municipal solid
waste disposal facility, including adjacent property used for
solid waste disposal, that:
(1) is or was permitted by the agency;
(2) stopped accepting solid waste, except demolition
debris, for disposal by April 9, 1994; and
(3) stopped accepting demolition debris for disposal by
June 1, 1994, except that demolition debris may be accepted
until May 1, 1995, at a permitted area where disposal of
demolition debris is allowed, if the area where the demolition
debris is deposited is at least 50 feet from the fill boundary
of the area where mixed municipal solid waste was deposited.
Sec. 3. [115B.40] [PROGRAM.]
Subdivision 1. [RESPONSE TO RELEASES.] The commissioner
may take any environmental response action, including emergency
action, related to a release or threatened release of a
hazardous substance, pollutant or contaminant, or decomposition
gas from a qualified facility that the commissioner deems
reasonable and necessary to protect the public health or welfare
or the environment under the standards required in sections
115B.01 to 115B.24. The commissioner may undertake studies
necessary to determine reasonable and necessary environmental
response actions at individual facilities. The commissioner may
develop general work plans for environmental studies,
presumptive remedies, and generic remedial designs for
facilities with similar characteristics. Prior to selecting
environmental response actions for a facility, the commissioner
shall hold at least one public informational meeting near the
facility and provide for receiving and responding to comments
related to the selection. The commissioner shall design,
implement, and provide oversight consistent with the actions
selected under this subdivision.
Subd. 2. [PRIORITY LIST.] (a) The commissioner shall
establish a priority list for preventing or responding to
releases of hazardous substances, pollutants and contaminants,
or decomposition gases at qualified facilities. The
commissioner shall periodically revise the list to reflect
changing conditions at facilities that affect priority for
response actions. The initial priority list must be established
by January 1, 1995.
(b) The priority list required under this subdivision must
be based on 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 facility, the potential for
contamination of drinking water supplies, the potential for
direct human contact, and the potential for destruction of
sensitive ecosystems.
Subd. 3. [NOTIFICATION.] By September 1, 1994, the
commissioner shall notify the owner or operator of, and persons
subject to a cleanup order at, each qualified facility of
whether the requirements of subdivision 4 or 5 have been met.
If the requirements have not been met at a facility, the
commissioner, by the earliest practicable date, shall notify the
owner or operator and persons subject to a cleanup order of what
actions need to be taken.
Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER;
DUTIES.] (a) The owner or operator of a qualified facility that
is not subject to a cleanup order shall:
(1) complete closure activities at the facility, or enter
into a binding agreement with the commissioner to do so, as
provided in paragraph (d), within one year from the date the
owner or operator is notified by the commissioner under
subdivision 3 of the closure activities that are necessary to
properly close the facility in compliance with facility's
permit, closure orders, or enforcement agreement with the
agency, and with the solid waste rules in effect at the time the
facility stopped accepting waste;
(2) undertake or continue postclosure care at the facility
until the date of notice of compliance under subdivision 7;
(3) transfer to the commissioner of revenue for deposit in
the landfill cleanup account established in section 115B.42 any
funds required for proof of financial responsibility under
section 116.07, subdivision 4h, that remain after facility
closure and any postclosure care and response action undertaken
by the owner or operator at the facility including, if proof of
financial responsibility is provided through a letter of credit
or other financial instrument or mechanism that does not
accumulate money in an account, the amount that would have
accumulated had the owner or operator utilized a trust fund,
less any amount used for closure, postclosure care, and response
action at the facility;
(4) provide the commissioner with a copy of all applicable
comprehensive general liability insurance policies and other
liability policies relating to property damage, certificates, or
other evidence of insurance coverage held during the life of the
facility; and
(5) enter into a binding agreement with the commissioner to:
(i) take any actions necessary to preserve the owner or
operator's rights to payment or defense under insurance policies
included in clause (4); cooperate with the commissioner in
asserting claims under the policies; and, within 60 days of a
request by the commissioner, but no earlier than July 1, 1996,
assign only those rights under the policies related to
environmental response costs;
(ii) cooperate with the commissioner or other persons
acting at the direction of the commissioner in taking additional
environmental response actions necessary to address releases or
threatened releases and to avoid any action that interferes with
environmental response actions, including allowing entry to the
property and to the facility's records and allowing entry and
installation of equipment; and
(iii) refrain from developing or altering the use of
property described in any permit for the facility except after
consultation with the commissioner and in conformance with any
conditions established by the commissioner for that property,
including use restrictions, to protect public health and welfare
and the environment.
(b) The owner or operator of a qualified facility that is a
political subdivision may use a portion of any funds established
for response at the facility, which are available directly or
through a financial instrument or other financial arrangement,
for closure or postclosure care at the facility if funds
available for closure or postclosure care are inadequate and
shall assign the rights to any remainder to the commissioner.
(c) The agreement required in paragraph (a), clause (5),
must be in writing and 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.
(d) A binding agreement entered into under paragraph (a),
clause (1), may include a provision that the owner or operator
will reimburse the commissioner for the costs of closing the
facility to the standard required in that clause.
Subd. 5. [QUALIFIED FACILITY UNDER CLEANUP ORDER; DUTIES.]
(a) For a qualified facility that is subject to a cleanup order,
persons identified in the order shall complete construction of
the remedy required under the cleanup order and:
(1) for a federal order, receive a concurrent determination
of the United States Environmental Protection Agency and the
agency or commissioner that the remedy is functioning properly
and is performing as designed; or
(2) for a state order, receive acknowledgment from the
agency or commissioner that the obligations under the order for
construction of the remedy have been met.
(b) The owner or operator of a qualified facility that is
subject to a cleanup order, in addition to any applicable
requirement in paragraph (a), shall comply with subdivision 4,
paragraph (a), clauses (3) to (5).
Subd. 6. [COMMISSIONER; DUTIES.] (a) If the owner or
operator of a qualified facility fails to comply with
subdivision 4, paragraph (a), clause (1) or (2), the
commissioner shall:
(1) undertake or complete closure activities at the
facility in compliance with the solid waste rules in effect at
the time the commissioner takes action under this clause; and
(2) undertake or continue postclosure care at the facility
as required under subdivision 2.
(b) If a facility has been properly closed under
subdivision 4, but the applicable closure requirements are less
environmentally protective than closure requirements in the
solid waste rules in effect on January 1, 1993, the commissioner
shall determine whether the facility should be closed to the
higher standards and, if so, shall undertake additional closure
activities at the facility to meet those standards. The
commissioner may determine that additional closure activities
are unnecessary only if it is likely that response actions will
be taken in the near future and that those response actions will
result in removal or significant alteration of the closure
activities or render the closure activities unnecessary.
Subd. 7. [NOTICE OF COMPLIANCE; EFFECTS.] (a) The
commissioner shall provide written notice of compliance to the
appropriate owner or operator or person subject to a cleanup
order when:
(1) the commissioner determines that the requirements of
subdivision 4 or 5 have been met; and
(2) the person who will receive the notice has submitted to
the commissioner a written waiver of any claims the person may
have against any other person for recovery of any environmental
response costs related to a qualified facility that were
incurred prior to the date of notice of compliance.
(b) Beginning on the date of the notice of compliance:
(1) the commissioner shall assume all obligations of the
owner or operator or person for environmental response actions
under the federal Superfund Act and any federal or state cleanup
orders and shall undertake all further action under subdivision
1 at or related to the facility that the commissioner deems
appropriate and in accordance with the priority list; and
(2) the commissioner may not seek recovery against the
owner or operator of the facility or any responsible person of
any costs incurred by the commissioner for environmental
response action at or related to the facility, except:
(i) to the extent of insurance coverage held by the owner
or operator or responsible person; or
(ii) as provided in section 115B.402.
(c) The commissioner and the attorney general shall
communicate with the United States Environmental Protection
Agency addressing the manner and procedure for the state's
assumption of federal obligations under paragraph (b), clause
(1).
Subd. 8. [STATUTES OF LIMITATIONS.] (a) With respect to
claims for recovery of environmental response costs related to
qualified facilities, the running of all applicable periods of
limitation under state law is suspended until July 1, 2004.
(b) A waiver of claims for recovery of environmental
response costs under this section or section 115B.43 is
extinguished for that portion of reimbursable costs under
section 115B.43 that have not been reimbursed by July 1, 2004.
Sec. 4. [115B.402] [ILLEGAL ACTIONS AT QUALIFIED
FACILITIES.]
The commissioner may recover under section 115B.17,
subdivision 6, that portion of the costs of response actions at
any qualified facility attributable to a person who otherwise
would be responsible for the release or threatened release under
section 115B.03, and whose actions related to the release or
threatened release were in violation of federal or state
hazardous waste management laws in effect at the time of those
actions. The commissioner's determination of the portion of the
costs of a response action attributable to a person under this
section, based on the volume and toxicity of waste in the
facility associated with the person and other factors reasonably
related to the contribution of the person to a release or
threatened release, is prima facie evidence that those costs are
attributable to the person.
Sec. 5. [115B.405] [EXCLUDED FACILITIES.]
Subdivision 1. [APPLICATION.] The owner or operator of a
qualified facility may apply to the commissioner for exclusion
from the landfill cleanup program under sections 115B.39,
115B.40, 115B.41, 115B.412, and 115B.43. Applications must be
received by the commissioner by February 1, 1995. The owner or
operator of a qualified facility that is subject to a federal
cleanup order or that includes any portion that is tax-forfeited
may not apply for exclusion under this section. In addition to
other information required by the commissioner, an application
must include a disclosure of all financial assurance accounts
established for the facility. Applications for exclusion must:
(1) show that the operator or owner is complying with the
agency's rules adopted under section 116.07, subdivision 4h, and
is complying with a financial assurance plan for the facility
that the commissioner has approved after determining that the
plan is adequate to provide for closure, postclosure care, and
contingency action;
(2) demonstrate that the facility is closed or is in
compliance with a closure schedule approved by the commissioner;
and
(3) include a waiver of all claims for recovery of costs
incurred under sections 115B.01 to 115B.24 and the federal
Superfund Act at or related to a qualified facility.
Subd. 2. [EVALUATION OF EXCLUSION STATUS.] Within 90 days
after the commissioner has received a complete application for
exclusion, the commissioner shall notify the owner or operator
if the facility is excluded. If the commissioner finds that the
facility does not satisfy the requirements for exclusion, the
commissioner shall notify the owner or operator of that fact.
Subd. 3. [RESTRICTION ON USE OF PROPERTY AT EXCLUDED
FACILITIES.] (a) A person may not use any property described in
the most recent agency permit issued for an excluded facility 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 facility's monitoring systems, unless the agency
finds that the disturbance:
(1) is necessary to the proposed use of the property, and
will not increase the potential hazard to human health or the
environment; or
(2) is necessary to reduce a threat to human health or the
environment.
(b) Before any transfer of ownership of property described
in paragraph (a), the owner must obtain approval from the
commissioner. The commissioner shall approve a transfer if the
owner can demonstrate to the satisfaction of the commissioner
that persons and property will not be exposed to undue risk from
releases of hazardous substances or pollutants or contaminants.
(c) After obtaining approval from the commissioner, 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:
(1) that the land has been used as a mixed municipal solid
waste disposal facility;
(2) the identity, quantity, location, condition, and
circumstances of the disposal and any release of hazardous
substances or pollutants or contaminants from the facility to
the full extent known or reasonably ascertainable; and
(3) that the use of the property or some portion of it may
be restricted as provided in paragraph (a).
(d) An owner must also file an affidavit within 60 days
after any material change in any matter required to be disclosed
under paragraph (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 waste from the
facility together with any residues, liner, and contaminated
underlying and surrounding soil, that owner may record an
affidavit indicating the removal. Failure to record an
affidavit as provided in this paragraph does not affect or
prevent any transfer of ownership of the property.
(e) The county recorder shall record all affidavits
presented in accordance with paragraphs (c) and (d). The
affidavits must be recorded in a manner that will ensure their
disclosure in the ordinary course of a title search of the
subject property.
(f) This subdivision is enforceable under sections 115.071
and 116.072.
Subd. 4. [CLOSURE.] If the commissioner determines that
the owner or operator of an excluded facility did not complete
the terms of an approved closure plan by the date in the plan,
the commissioner shall complete closure at the facility and may
seek cost recovery against the owner or operator under section
115B.17, subdivision 6.
Sec. 6. [115B.41] [ALLOCATION OF COSTS; FAILURE TO
COMPLY.]
Subdivision 1. [ALLOCATION AND RECOVERY OF COSTS.] (a) A
person who is subject to the requirements in section 115B.40,
subdivision 4, or subdivision 5, paragraph (b), is responsible
for all environmental response costs incurred by the
commissioner at or related to the facility until the date of
notice of compliance under section 115B.40, subdivision 7. The
commissioner may use any funds available for closure,
postclosure care, and response action established by the owner
or operator. If those funds are insufficient or if the owner or
operator fails to assign rights to them to the commissioner, the
commissioner may seek recovery of environmental response costs
against the owner or operator in the county of Ramsey or in the
county where the facility is located or where the owner or
operator resides.
(b) In an action brought under this subdivision in which
the commissioner prevails, the court shall award the
commissioner reasonable attorney fees and other litigation
expenses incurred by the commissioner to bring the action. All
costs, fees, and expenses recovered under this subdivision must
be deposited in the environmental fund and credited to the
landfill cleanup account established in section 115B.42.
Subd. 2. [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All
environmental response costs, including administrative and legal
expenses, incurred by the commissioner at a qualified facility
before the date of notice of compliance under section 115B.40,
subdivision 7, constitute a lien in favor of the state upon any
real property located in the state, other than homestead
property, owned by the owner or operator who is subject to the
requirements of section 115B.40, subdivision 4 or 5. A lien
under this subdivision attaches when the environmental response
costs are first incurred and continues until the lien is
satisfied or becomes unenforceable as for an environmental lien
under section 514.672. Notice, filing, and release of the lien
are governed by sections 514.671 to 514.676, except where those
requirements specifically are related to only cleanup action
expenses as defined in section 514.671. Relative priority of a
lien under this subdivision is governed by section 514.672,
except that a lien attached to property that was included in any
permit for the solid waste disposal facility takes precedence
over all other liens regardless of when the other liens were or
are perfected. Amounts received to satisfy all or a part of a
lien must be deposited in the landfill cleanup account.
Subd. 3. [LOCAL GOVERNMENT AID; OFFSET.] If an owner or
operator fails to comply with section 115B.40, subdivision 4, or
5, paragraph (b), fails to remit payment of environmental
response costs incurred by the commissioner before the date of
notice of compliance under section 115B.40, subdivision 7, and
is a local government unit, the commissioner may seek payment of
the costs from any state aid payments, except payments made
under section 115A.557, subdivision 1, otherwise due the local
government unit. The commissioner of revenue, after being
notified by the commissioner that the local government unit has
failed to pay the costs and the amount due, shall pay an annual
proportionate amount of the state aid payment otherwise payable
to the local government unit into the landfill cleanup account
that will, over a period of no more than five years, satisfy the
liability of the local government unit for the costs.
Subd. 4. [DISQUALIFICATION; PERMITS.] If an owner or
operator of a qualified facility that is not a local government
unit does not undertake closure or postclosure care in
compliance with section 115B.40, subdivision 4, the owner or
operator is ineligible to obtain or renew a state or local
permit or license to engage in a business that manages solid
waste. Failure of an owner or operator that is not a local
government unit to complete closure or postclosure care at a
qualified facility is prima facie evidence of the lack of
fitness of that owner or operator to conduct any solid waste
business and is grounds for revocation of any solid waste
business permit or license held by that owner or operator.
For the purposes of this subdivision and subdivision 2,
"owner or operator" means a person, partnership, firm, limited
liability company, cooperative, association, corporation, or
other entity and includes any entity in which the owner or
operator owns a controlling interest.
Subd. 5. [EXPEDITED CLOSURE.] To expedite compliance with
section 115B.40, subdivision 4, a person other than an owner or
operator may undertake closure or postclosure care in compliance
with that subdivision under an agreement with the commissioner.
Sec. 7. [115B.412] [PROGRAM OPERATION.]
Subdivision 1. [DUTY TO PROVIDE INFORMATION.] Any person
who the commissioner has reason to believe has or may obtain
information related to the generation, composition,
transportation, treatment, or disposal of waste in a qualified
facility or who has or may obtain information related to the
ownership or operation of a facility shall furnish to the
commissioner or the commissioner's designee any information that
person may have or may reasonably obtain that is relevant to a
release or threatened release at a qualified facility.
Subd. 2. [ACCESS TO INFORMATION AND PROPERTY.] The
commissioner or a person designated by the commissioner, on
presentation of credentials, may:
(1) 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 1; and
(2) enter upon any property, public or private, for the
purpose of taking any action authorized by sections 115B.39 to
115B.43 including obtaining information from any person who has
a duty to provide the information under subdivision 1,
conducting surveys or investigations, and taking response action.
This subdivision and subdivision 1 are enforceable under
sections 115.071 and 116.072. If the commissioner prevails in
an enforcement action under this subdivision, the commissioner
may recover all costs, including court costs, attorney fees, and
administrative costs, related to the enforcement action.
Subd. 3. [ACQUISITION AND DISPOSITION OF REAL
PROPERTY.] The commissioner may acquire and dispose of real
property the commissioner deems reasonably necessary for
environmental response actions at or related to a qualified
facility under section 115B.17, subdivisions 15 and 16.
Subd. 4. [AFFECTED REAL PROPERTY; NOTICE.] (a) The
commissioner shall provide to affected local government units,
to be available as public information, and shall make available
to others, on request, a description of the real property
described in the original and any revised permits for a
qualified facility, along with a description of activities that
will be or have been taken on the property under sections
115B.39 to 115B.43 and a reasonably accurate description of the
types, locations, and potential movement of hazardous
substances, pollutants and contaminants, or decomposition gases
related to the facility. The commissioner shall provide and
make this information available at the time the facility is
placed on the priority list under section 115B.40, subdivision
2; shall revise, provide, and make the information available
when response actions, other than long-term maintenance actions,
have been completed; and shall revise the information over time
if significant changes occur that make the information obsolete
or misleading.
(b) A local government unit that receives information from
the commissioner under paragraph (a) shall incorporate that
information in any land use plan that includes the affected
property and shall notify any person who applies for a permit
related to development of the affected property of the existence
of the information and, on request, provide a copy of the
information.
Subd. 5. [ENVIRONMENTAL LIEN.] An environmental lien for
environmental response costs incurred, including reimbursements
made under section 115B.43, by the commissioner under sections
115B.39 to 115B.46 attaches in the same manner as a lien under
sections 514.671 to 514.676, to all the real property described
in the original and any revised permits for a qualified facility
and any adjacent property owned by the facility owner or
operator from the date the first assessment, closure,
postclosure care, or response activities related to the facility
are undertaken by the commissioner. For the purposes of filing
an environmental lien under this subdivision, the term "cleanup
action" as used in sections 514.671 to 514.676 includes all of
the costs incurred by the commissioner to assess, close,
maintain, monitor, and respond to releases at qualified
facilities under sections 115B.39 to 115B.46. Notwithstanding
section 514.672, subdivision 4, a lien under this paragraph
takes precedence over all other liens on the property regardless
of when the other liens were or are perfected. For the purpose
of this subdivision, "owner or operator" has the meaning given
it in section 115B.41, subdivision 4.
Subd. 6. [CONTRACTS.] The commissioner shall, to the
extent practicable, ensure that contracts for activities or
consulting services under this section are entered into with
contractors or consultants located within the region where the
facility subject to the contracts is located. The commissioner
shall tailor specifications in requests for proposals to the
types of activities or services that need to be undertaken at a
specific facility or group of facilities located in the same
region and shall not include specifications that require
specialized expertise or laboratory work not available within
the region unless it is necessary to do so to meet the
requirements of this section.
Subd. 7. [SEPARATE ACCOUNTING.] The commissioner shall
maintain separate accounting for each qualified facility
regarding:
(1) the amount of financial assurance funds transferred
under section 115B.40, subdivisions 4 and 5; and
(2) costs of response actions taken at the facility.
Subd. 8. [TRANSFER OF TITLE.] The owner of a qualified
facility may, as part of the owner's activities under section
115B.40, subdivision 4 or 5, offer to transfer title to all the
property described in the facility's most recent permit,
including any property adjacent to that property the owner
wishes to transfer, to the commissioner. The commissioner may
accept the transfer of title if the commissioner determines that
to do so is in the best interest of the state.
Subd. 9. [LAND MANAGEMENT PLANS.] The commissioner shall
develop a land use plan for each qualified facility. All local
land use plans must be consistent with a land use plan developed
under this subdivision. Plans developed under this subdivision
must include provisions to prevent any use that disturbs the
integrity of the final cover, liners, any other components of
any containment system, or the function of any monitoring
systems unless the commissioner finds that the disturbance:
(1) is necessary to the proposed use of the property, and
will not increase the potential hazard to human health or the
environment; or
(2) is necessary to reduce a threat to human health or the
environment.
Before completing any plan under this subdivision, the
commissioner shall consult with the commissioner of finance
regarding any restrictions that the commissioner of finance
deems necessary on the disposition of property resulting from
the use of bond proceeds to pay for response actions on the
property, and shall incorporate the restrictions in the plan.
Subd. 10. [REPORT.] By October 1 of each year, the
commissioner shall report to the legislative commission on waste
management and to the appropriate finance committees of the
senate and the house of representatives on the commissioner's
activities under sections 115B.39 to 115B.43 and the
commissioner's anticipated activities during future fiscal years.
Subd. 11. [RULES.] The commissioner may adopt rules
necessary to implement sections 115B.39 to 115B.43.
Sec. 8. [115B.414] [THIRD-PARTY CLAIMS; MEDIATION;
DEFENSE.]
Subdivision 1. [THIRD-PARTY CLAIMS; DEFINITION.] For the
purposes of this section, "third-party claims" means claims made
against mixed municipal solid waste generators by a responsible
person or group of responsible persons under state or federal
law for payment of response costs and related costs at a
qualified facility, when the claimant or claimants do not
produce evidence, other than statistical or circumstantial
evidence, that the persons against whom the claims are made ever
arranged for disposal or transported for disposal mixed
municipal solid waste containing a hazardous substance or
pollutant or contaminant to the facility.
Subd. 2. [MEDIATION.] A third-party claim or group of
third-party claims that all arise from the same facility may be
submitted to the Minnesota office of dispute resolution for
mediation under the Minnesota civil mediation act, sections
572.31 to 572.40. The costs of mediation must be allocated
equally between the person or persons against whom the claims
are made and the person or persons making the claims.
Subd. 3. [PARTIAL REIMBURSEMENT.] A person or persons
against whom one or more third-party claims are made may seek
reimbursement from the commissioner of one-half of the costs of
mediation allocated to the person or persons under subdivision
2. The commissioner shall reimburse the person or persons that
request reimbursement unless the commissioner finds that the
mediation was not entered into and conducted in good faith by
the person or persons seeking reimbursement.
Subd. 4. [DEFENSE COSTS.] If a person or persons against
whom one or more third-party claims are made request the person
or persons making the claims to submit the claims to mediation
and the claimants refuse to submit to mediation or if the person
or persons against whom third-party claims are made enter into
and conduct the mediation in good faith but the mediation fails
to resolve the claims, the person or persons, in cooperation
with other persons against whom third-party claims have been
made that arise from the same facility, may retain legal counsel
to defend them against the claims and may seek partial
reimbursement from the commissioner for reasonable attorney
fees. The commissioner shall provide partial reimbursement for
reasonable attorney fees under this subdivision of $75 per hour
for a maximum number of hours to be established by the
commissioner by rule. The maximum number of hours for
reimbursement must increase as the number of persons who
collectively retain legal counsel to defend against related
claims increases but need not increase proportionately to the
increase in the number of persons seeking collective defense.
Under no circumstances may a person or group of persons receive
reimbursement of more than 75 percent of their reasonable
attorney fees under this subdivision.
Sec. 9. [115B.43] [REIMBURSABLE PARTIES AND EXPENSES.]
Subdivision 1. [GENERALLY.] Environmental response costs
at qualified facilities for which a notice of compliance has
been issued under section 115B.40, subdivision 7, are
reimbursable as provided in this section.
Subd. 2. [REIMBURSABLE PERSONS.] (a) Except as provided in
paragraphs (b) to (d), the following persons are eligible for
reimbursement under this section:
(1) owners or operators, after the owners or operators have
agreed to waive all claims for recovery of environmental
response costs against any other persons and have agreed to
reimburse, on a proportionate basis from each reimbursement
received, each person from whom the applicant has collected
funds towards reimbursable costs; and
(2) persons, other than owners and operators after the
persons have agreed to:
(i) reimburse, on a proportionate basis from each
reimbursement payment received, each person from whom the
applicant has collected funds towards reimbursable costs; and
(ii) waive all claims for environmental response costs
related to the facility and all other qualified facilities,
against all other persons.
(b) A person is not eligible for reimbursement under this
section if the person is an owner or operator who failed to
properly close the qualified facility within the time specified
in the facility's permit or the solid waste rules in effect at
the time the facility stopped accepting waste.
(c) A person is not eligible for reimbursement under this
section for environmental response costs at a facility if the
person's actions relating to a release or threatened release at
the facility were in violation of federal or state hazardous
waste management laws in effect at the time of those actions.
(d) A person is not eligible for reimbursement under this
section if, after June 15, 1994, the person files or continues
to pursue an action asserting a claim for recovery of
environmental response costs relating to a qualified facility,
or otherwise seeks contributions for these costs, from another
person.
Subd. 3. [REIMBURSABLE EXPENSES.] (a) Environmental
response costs are eligible for reimbursement under this section
to the extent that they:
(1) exceed:
(i) for each political subdivision that is an owner or
operator of the facility, $250,000; and
(ii) for a private owner or operator, or a political
subdivision that jointly owned or operated the facility with two
or more other political subdivisions under a valid joint powers
agreement, $750,000;
(2) are documented with billings or other proof of project
cost; and
(3) if the commissioner finds that they were reasonable and
necessary under the circumstances. The commissioner may request
further documentation from those requesting reimbursement if it
is necessary in the commissioner's judgment.
(b) For owners or operators, the following costs are not
reimbursable:
(1) costs attributable to normal operations of the facility
or to activities required under the facility permit and
applicable solid waste rules, including corrective action,
closure, postclosure, and contingency action; and
(2) the acquisition of real property if required of the
owner or operator in order to carry out requirements of the
facility permit or applicable solid waste rules.
Subd. 4. [REIMBURSEMENT PLAN.] The commissioner shall
prepare a reimbursement plan and present it by October 1, 1995,
to the legislative commission on waste management, the chairs of
the senate finance committee and environment and natural
resources finance division and the committees on ways and means
and environment and natural resources finance of the house of
representatives, and owners and operators of, and persons
subject to a cleanup order at, qualified facilities. The plan
shall identify sites where reimbursement will occur and the
estimated dollar amount for each site, and shall set out
priorities and payment schedules. The plan must give first
priority for reimbursement to persons who are not owners or
operators of qualified facilities.
Subd. 5. [REIMBURSEMENT TIMING.] The commissioner shall
not issue reimbursement payments before October 15, 1995. The
commissioner shall not issue reimbursements for expense
statements filed after October 15, 1996, and shall approve or
deny all reimbursement requests by October 15, 1997. The
commissioner shall fully reimburse all persons eligible for
reimbursement no later than six years after the date of notice
of compliance for the facility under section 115B.40,
subdivision 7.
Subd. 6. [REIMBURSEMENT CEILING.] The commissioner shall
not issue reimbursements in an amount exceeding $7,000,000 per
fiscal year.
Sec. 10. Minnesota Statutes 1993 Supplement, section
281.13, is amended to read:
281.13 [NOTICE OF EXPIRATION OF REDEMPTION.]
Every person holding a tax certificate after expiration of
three years, or the redemption period specified in section
281.17 if shorter, after the date of the tax sale under which
the same was issued, may present such certificate to the county
auditor; and thereupon the auditor shall prepare, under the
auditor's hand and official seal, a notice, directed to the
person or persons in whose name such lands are assessed,
specifying the description thereof, the amount for which the
same was sold, the amount required to redeem the same, exclusive
of the costs to accrue upon such notice, and the time when the
redemption period will expire. If, at the time when any tax
certificate is so presented, such lands are assessed in the name
of the holder of the certificate, such notice shall be directed
also to the person or persons in whose name title in fee of such
land appears of record in the office of the county recorder.
The auditor shall deliver such notice to the party applying
therefor, who shall deliver it to the sheriff of the proper
county for service. Within 20 days after receiving it, the
sheriff shall serve such notice upon the persons to whom it is
directed, if to be found in the sheriff's county, in the manner
prescribed for serving a summons in a civil action; if not so
found, then upon the person in possession of the land, and make
return thereof to the auditor. In the case of land held in
joint tenancy the notice shall be served upon each joint
tenant. If one or more of the persons to whom the notice is
directed cannot be found in the county, and there is no one in
possession of the land, of each of which facts the return of the
sheriff so specifying shall be prima facie evidence, service
shall be made upon those persons that can be found and service
shall also be made by two weeks' published notice, proof of
which publication shall be filed with the auditor.
When the records in the office of the county recorder show
that any lot or tract of land is encumbered by an unsatisfied
mortgage or other lien, and show the post office address of the
mortgagee or lienee, or if the same has been assigned, the post
office address of the assignee, the person holding such tax
certificate shall serve a copy of such notice upon such
mortgagee, lienee, or assignee by certified mail addressed to
such mortgagee, lienee, or assignee at the post office address
of the mortgagee, lienee, or assignee as disclosed by the
records in the office of the county recorder, at least 60 days
prior to the time when the redemption period will expire.
The notice herein provided for shall be sufficient if
substantially in the following form:
"NOTICE OF EXPIRATION OF REDEMPTION
Office of the County Auditor
County of ......................., State of Minnesota.
To ..............................
You are hereby notified that the following described piece
or parcel of land, situated in the county of
......................., and State of Minnesota, and known and
described as follows: .........
............................................................
.........., is now assessed in your name; that on the
........................ day of May, ....................., at
the sale of land pursuant to the real estate tax judgment, duly
given and made in and by the district court in and for said
county of ......................................, on the
................................. day of March, ..............,
in proceedings to enforce the payment of taxes delinquent upon
real estate for the year .............. for said county of
........... ......................., the above described piece
or parcel of land was sold for the sum of $............., and
the amount required to redeem such piece or parcel of land from
such sale, exclusive of the cost to accrue upon this notice, is
the sum of $............, and interest at the rate of
............... percent per annum from said
............................. day of ......................,
..................., to the day such redemption is made, and
that the tax certificate has been presented to me by the holder
thereof, and the time for redemption of such piece or parcel of
land from such sale will expire 60 days after the service of
this notice and proof thereof has been filed in my office.
Witness my hand and official seal this
............................ day of ................,
.................
.................
(OFFICIAL SEAL)
County Auditor of
...................... County, Minnesota."
Sec. 11. Minnesota Statutes 1992, section 281.17, is
amended to read:
281.17 [PERIOD FOR REDEMPTION.]
The period of redemption for all lands sold to the state at
a tax judgment sale shall be three years from the date of sale
to the state of Minnesota if the land is within an incorporated
area unless it is: (a) nonagricultural homesteaded land as
defined in section 273.13, subdivision 22; (b) homesteaded
agricultural land as defined in section 273.13, subdivision 23,
paragraph (a); or (c) seasonal recreational land as defined in
section 273.13, subdivision 22, paragraph (c), or 25, paragraph
(c), clause (5), for which the period of redemption is five
years from the date of sale to the state of Minnesota.
The period of redemption for homesteaded lands as defined
in section 273.13, subdivision 22, located in a targeted
neighborhood as defined in Laws 1987, chapter 386, article 6,
section 4, and sold to the state at a tax judgment sale is three
years from the date of sale. The period of redemption for all
lands located in a targeted neighborhood as defined in Laws
1987, chapter 386, article 6, section 4, except (1) homesteaded
lands as defined in section 273.13, subdivision 22, and (2) for
periods of redemption beginning after June 30, 1991, but before
July 1, 1996, lands located in the Loring Park targeted
neighborhood on which a notice of lis pendens has been served,
and sold to the state at a tax judgment sale is one year from
the date of sale.
The period of redemption for all real property constituting
a mixed municipal solid waste disposal facility that is a
qualified facility under section 115B.39, subdivision 1, is one
year from the date of the sale to the state of Minnesota.
The period of redemption for all other lands sold to the
state at a tax judgment sale shall be five years from the date
of sale, except that the period of redemption for nonhomesteaded
agricultural land as defined in section 273.13, subdivision 23,
paragraph (b), shall be two years from the date of sale if at
that time that property is owned by a person who owns one or
more parcels of property on which taxes are delinquent, and the
delinquent taxes are more than 25 percent of the prior year's
school district levy.
Sec. 12. [EFFECTIVE DATES.]
Sections 1 to 7 and 9 are effective June 1, 1994. Sections
10 and 11 are effective for taxes deemed delinquent after
December 31, 1994.
ARTICLE 2
Section 1. [115B.44] [INVESTIGATION AND PURSUIT OF
INSURANCE CLAIMS.]
Subdivision 1. [COMMISSIONER TO INVESTIGATE.] The
commissioner may conduct investigations to identify responsible
persons at qualified facilities. At the commissioner's request,
a responsible person identified under this subdivision shall
provide the commissioner with a copy of all applicable
comprehensive general liability insurance policies,
certificates, or other evidence of insurance coverage held while
the person engaged in actions making the person a potential
responsible person; take any actions necessary to preserve the
person's rights to payment or defense under the policies;
cooperate with the commissioner in asserting claims; and, within
60 days of the commissioner's request, assign only those rights
under the policies related to environmental response costs at or
related to qualified facilities. The commissioner may not
request assignment of rights under this subdivision before May
1, 1996.
Subd. 2. [ATTORNEY GENERAL TO PURSUE ASSIGNED CLAIMS.] The
attorney general shall pursue available insurance claims under
rights assigned under subdivision 1 or section 115B.40 and may
contract for legal services for this purpose. All money
recovered under this subdivision must be credited to the
landfill cleanup account.
Sec. 2. [115B.45] [VOLUNTARY BUY-OUT FOR INSURERS.]
In full satisfaction of any rights assigned to the state
under sections 115B.40 and 115B.44, an insurer may tender to the
commissioner before January 1, 1998, the voluntary buy-out
amount calculated under section 115B.46. In consideration of
the amount tendered to the commissioner, an insurer shall be
released by the state from liability for defense or
indemnification relating to environmental response costs
incurred by the commissioner at qualified facilities, except
that no liability protection exists under this section until the
commissioner has received buy-out commitments totaling
$30,000,000. Any amounts received by the commissioner must be
credited to the landfill cleanup account.
Sec. 3. [115B.46] [VOLUNTARY BUY-OUT AMOUNT.]
Subdivision 1. [CALCULATION.] The voluntary buy-out amount
for an insurer must be calculated in accordance with this
section.
Subd. 2. [VOLUNTARY BUY-OUT SHARE.] An insurer's
unadjusted voluntary buy-out share is equal to that insurer's
combined Minnesota written premium for the commercial multiperil
line of insurance for calendar years 1970 through 1973, the
liability other than auto line for calendar years 1970 and 1971,
and the miscellaneous liability line for calendar years 1972 and
1973, as defined by the National Association of Insurance
Commissioners' annual statement instructions during the
applicable periods, divided by the aggregate written premium for
all insurers for these lines during these same time periods.
The commissioner of commerce shall calculate the unadjusted
shares for individual insurers from data published by A.M. Best
for the applicable periods. The commissioner shall advise each
insurer with an unadjusted share calculated pursuant to this
subdivision of the amount of their unadjusted share. The
commissioner shall also request from the insurers data to
support an adjustment under subdivision 3. The commissioner
shall so advise insurers by May 1, 1996.
Subd. 3. [ADJUSTMENTS.] An insurer may adjust its share by
providing the commissioner of commerce with evidence that the
insurer's Minnesota written premium liability other than auto
written premium for calendar years 1970 and 1971 and
miscellaneous liability for calendar years 1972 and 1973
included professional or medical malpractice insurance written
premiums. The evidence may be provided by written documents or
electronically imaged and reproduced documents, contemporaneous
with the period of the adjustment, reflecting the insurer's
professional or medical malpractice insurance written premium
for these periods. The evidence may include an affidavit from
an officer of the insurer testifying to the veracity of the
data. An insurer's share must be adjusted by the amount of the
insurer's professional or medical malpractice insurance
Minnesota written premium for calendar years 1970 through 1973
subtracted from the insurer's aggregate liability other than
auto and miscellaneous liability written premium for calendar
years 1970 through 1973. The commissioner of commerce shall
reduce the aggregate liability other than auto and miscellaneous
liability written premium for all insurers by the amount of
total adjustments for all insurers under this subdivision prior
to the final calculation of each insurer's share. The
commissioner shall recalculate each insurer's share using the
method provided in subdivision 1 subject to the adjustment
provided by this subdivision.
Subd. 4. [CREDITS.] An insurer may receive a credit of 25
percent for each of the calendar years 1970, 1971, 1972, and
1973 that the insurer can demonstrate that sudden and accidental
qualified pollution exclusions were endorsed to or included in
all its comprehensive general liability insurance policies
issued during these years. To support a claim for credits under
this subdivision, an insurer may provide the commissioner of
commerce with an affidavit from an officer or former officer
testifying as to the business practice of the insurer during the
year or years in question. An insurer may obtain a 25 percent
credit for each of the years 1970, 1971, 1972, and 1973 that the
exclusions were endorsed to or included in these policies.
Subd. 5. [FINAL CALCULATION.] An insurer's voluntary
buy-out amount is equal to the multiplication of the insurer's
adjusted share by $90,000,000 minus the amount of the insurer's
credits under subdivision 4. The commissioner of commerce shall
notify each insurer of its buy-out amount calculated under this
section by September 30, 1996. An insurer that elects to buy
out under this section may pay the amount calculated under this
subdivision in ten equal annual installments.
Subd. 6. [NONPUBLIC DATA.] All information obtained by the
commissioner of commerce from insurers under this section is
nonpublic data under section 13.02, subdivision 9.
Subd. 7. [HEARING.] An insurer who disagrees with the
calculation of its voluntary buy-out amount may request that the
commissioner of commerce reconsider. An insurer requesting
reconsideration shall supply the commissioner with information
that supports the insurer's position within 30 days of receipt
of the notification under subdivision 4. The commissioner shall
reconsider the insurer's calculation based upon the information
supplied within 30 days of receipt of the information. An
insurer may appeal the decision of the commissioner as a
contested case under chapter 14.
Subd. 8. [MINIMUM AMOUNT.] An insurer's voluntary buy-out
amount may not be less than $200,000.
Subd. 9. [RULES.] The commissioner of commerce may adopt
rules to implement this section.
Sec. 4. [FEDERAL INSURANCE TRUST FUND.]
The commissioner of the pollution control agency shall
monitor developments relating to the establishment of a federal
insurance trust fund, or a similar fund, as part of the
reauthorization of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, United
States Code, title 42, section 9601 et seq., and shall take
actions, including communicating with Congress and the United
States Environmental Protection Agency, to maximize the amount
of money available from the federal fund for payments relating
to mixed municipal solid waste disposal facilities in this
state. By January 15, 1995, the commissioner shall submit to
the legislative commission on waste management, the senate
environment and natural resources finance division, and the
house committee on environment and natural resources finance a
report containing:
(1) a summary of federal developments and the
commissioner's actions under this section; and
(2) any recommendations for legislation.
Sec. 5. [VOLUNTARY INSURANCE BUY-OUT PROGRAM; EVALUATION
AND RECOMMENDATIONS BY ATTORNEY GENERAL.]
(a) The attorney general shall evaluate the voluntary
insurance buy-out program established in sections 115B.45 and
115B.46 in light of the legislature's intent to maximize the net
revenue to the state under the program. By January 15, 1996,
the attorney general shall report on the evaluation to the
legislative commission on waste management and the appropriate
committees of the legislature. The report must include:
(1) recommendations on changes to the program, including
any recommendations for changes to the years to be considered in
calculating the voluntary buy-out amount under section 115B.46,
subdivision 2; the adjustments and credits allowed under section
115B.46, subdivisions 3 and 4; the $90,000,000 amount in section
115B.46, subdivision 5; and any other element of the program;
and
(2) a detailed explanation of the process by which the
attorney general's recommendations, if any, were formulated,
including a summary of the comments of each of the entities
listed in paragraph (b).
(b) In preparing the report, the attorney general shall
consult with:
(1) representatives of the department of commerce and the
pollution control agency;
(2) representatives of insurers at the state and national
levels; and
(3) representatives of insureds.
(c) The attorney general may request of any person,
including an insurer, any documents, records, or other
information that the attorney general deems necessary to perform
its responsibilities under this section. A person, including an
insurer, shall comply with such requests of the attorney general
within the time specified in the request, or, if no time is
specified, within 30 days of the mailing of the request by the
attorney general. In the case of a refusal to comply with a
request for information under this section, the attorney general
may apply to the district court for an order directing the
person to comply with the request. A person shall not be
required to provide any information that is subject to the
attorney-client privilege or work product privilege. An insurer
shall not be required to provide information specific to a
particular insured unless the attorney general deems such
information necessary to confirm summary information provided by
an insurer. With respect to information obtained under this
paragraph that is specific to a particular insured, the attorney
general shall, pursuant to standard legal practice, take steps
necessary to assure that such information is not discussed with,
or available to, any attorney general staff involved in
evaluating or pursuing assigned claims under section 115B.44,
subdivision 2. Nothing in this paragraph prevents the attorney
general from independently obtaining the information as
otherwise allowed by law to evaluate or pursue assigned claims
under section 115B.44, subdivision 2.
(d) Upon request of the attorney general, the commissioners
of the pollution control agency and commerce shall cooperate
with the attorney general in carrying out the authority under
this section.
Sec. 6. [APPROPRIATION.]
$150,000 is appropriated from the landfill cleanup account
to the attorney general for the purposes of sections 1 and 5.
Sec. 7. [EFFECTIVE DATE.]
Section 1, subdivision 2, is effective January 1, 1997.
ARTICLE 3
Section 1. Minnesota Statutes 1992, section 115B.42,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; APPROPRIATION; SEPARATE
ACCOUNTING.] (a) The landfill cleanup account is established in
the environmental fund in the state treasury . The account
consists of money credited to the account and interest earned on
the money in the account. Except as provided in section
115B.42, subdivision 2, clause (9), money in the account is
annually appropriated to the commissioner for the purposes
listed in subdivision 2.
(b) The commissioner of finance shall separately account
for revenue deposited in the account from financial assurance
funds or other mechanisms, the metropolitan landfill contingency
action trust fund, and all other sources of revenue.
Sec. 2. Minnesota Statutes 1993 Supplement, section
115B.42, subdivision 2, is amended to read:
Subd. 2. [EXPENDITURES.] Subject to appropriation, (a)
Money in the account may be spent for by the commissioner to:
(1) inspection of inspect permitted mixed municipal solid
waste disposal facilities to:
(i) evaluate the adequacy of final cover, slopes,
vegetation, and erosion control;
(ii) determine the presence and concentration of hazardous
substances, pollutants or contaminants, and decomposition gases;
and
(iii) determine the boundaries of fill areas; and
(2) response actions at mixed municipal solid waste
disposal facilities under this chapter.
(2) monitor and take, or reimburse others for,
environmental response actions, including emergency response
actions, at qualified facilities;
(3) acquire and dispose of property under section 115B.412,
subdivision 3;
(4) recover costs under sections 115B.39 and 115B.46;
(5) administer, including providing staff and
administrative support for, sections 115B.39 to 115B.46;
(6) enforce sections 115B.39 to 115B.46;
(7) subject to appropriation, administer the agency's
groundwater and solid waste management programs;
(8) reimburse persons under section 115B.43; and
(9) reimburse mediation expenses up to a total of $250,000
annually or defense costs up to a total of $250,000 annually for
third-party claims for response costs under state or federal law
as provided in section 115B.414.
Sec. 3. Minnesota Statutes 1993 Supplement, section
116.07, subdivision 10, is amended to read:
Subd. 10. [SOLID WASTE ASSESSMENTS.] (a) For the purposes
of this subdivision, "assessed waste" means mixed municipal
solid waste as defined in section 115A.03, subdivision 21,
infectious waste as defined in section 116.76, subdivision 12,
pathological waste as defined in section 116.76, subdivision 14,
industrial waste as defined in section 115A.03, subdivision 13a,
and construction debris as defined in section 115A.03,
subdivision 7.
(b) A person that collects mixed municipal solid assessed
waste shall collect and remit to the commissioner of revenue a
solid waste assessment from each of the person's customers as
provided in paragraphs (b) (c) and (c) (d).
(b) (c) The amount of the assessment for each residential
customer is $2 per year. Each waste collector shall collect the
assessment annually from each residential customer that is
receiving waste collection service on July 1 of each year and
shall remit the amount collected along with the collector's
first remittance of the sales tax on solid waste collection
services, described in section 297A.45, made after October 1 of
each year. Any amount of the assessment that is received by the
waste collector after October 1 of each year must be remitted
along with the collector's next remittance of sales tax after
receipt of the assessment.
(c) (d) The amount of the assessment for each
nonresidential customer is 12 60 cents per noncompacted cubic
yard of periodic waste collection capacity purchased by the
customer. Each waste collector shall collect the assessment
from each nonresidential customer as part of each statement for
payment of waste collection charges and shall remit the amount
collected along with the next remittance of sales tax after
receipt of the assessment.
(d) (e) A person who transports assessed waste generated by
that person or by another person without compensation shall pay
an assessment of 60 cents per noncompacted cubic yard or the
equivalent to the operator of the facility to which the waste is
delivered. The operator shall remit the assessments collected
under this paragraph to the commissioner of revenue as though
they were sales taxes under chapter 297A. This paragraph does
not apply to a person who transports industrial waste generated
by that person to a facility owned and operated by that person.
(f) The commissioner of revenue shall redesign sales tax
forms for solid waste collectors to accommodate payment of the
assessment. The commissioner of revenue shall deposit The
amounts remitted under this subdivision in the environmental
fund and shall credit four-sevenths of the receipts must be
deposited in the state treasury and credited to the landfill
cleanup account established in section 115B.42.
(e) (g) For the purposes of this subdivision, a "person
that collects mixed municipal solid waste" means each person
that pays is required to pay sales tax on solid waste collection
services under section 297A.45, or would pay sales tax under
that section if the assessed waste was mixed municipal solid
waste.
(f) (h) The audit, penalty, enforcement, and administrative
provisions applicable to taxes imposed under chapter 297A apply
to the assessments imposed under this subdivision.
(i) If less than $25,000,000 is projected to be available
in any fiscal year after fiscal year 1996 for expenditure from
all sources for landfill cleanup and reimbursement costs under
sections 115B.39 to 115B.46, by April 1 before the next fiscal
year in which the shortfall is projected the agency shall
certify to the commissioner of revenue the amount of the
shortfall. To provide for the shortfall, the commissioner of
revenue shall increase the assessment under paragraphs (d) and
(e) effective the following July 1 and provide notice of the
increased assessment to affected waste generators by May 1
following certification.
Sec. 4. [APPROPRIATION; TRANSFER.]
Subdivision 1. [APPROPRIATION.] $90,000,000 is
appropriated from the bond proceeds fund to the commissioner of
the pollution control agency for capital costs of environmental
response actions at eligible facilities.
Subd. 2. [TRANSFER.] The balance in the metropolitan
landfill contingency action trust fund established under
Minnesota Statutes, section 473.845, on the effective date of
this section is transferred to the landfill cleanup account
established under Minnesota Statutes, section 115B.42.
Sec. 5. [BOND SALE.]
(a) To provide the money appropriated in this act from the
state bond proceeds fund, the commissioner of finance, on
request of the governor, shall sell and issue bonds of the state
in an amount up to $90,000,000 in the manner, upon the terms,
and with the effect prescribed by Minnesota Statutes, sections
16A.631 to 16A.675, the Minnesota Constitution, article XI,
sections 4 to 7, and paragraph (b).
(b) Bonds may not be issued under this section in total
amounts exceeding the following:
(1) by June 30, 1996, $10,000,000;
(2) by June 30, 1998, $35,000,000;
(3) by June 30, 2000, $55,000,000; and
(4) by June 30, 2002, $75,000,000.
Sec. 6. [EFFECTIVE DATE]
Section 3 is effective January 1, 1995.
ARTICLE 4
Section 1. Minnesota Statutes 1993 Supplement, section
115B.178, subdivision 1, is amended to read:
Subdivision 1. [DETERMINATION.] (a) The commissioner may
issue determinations that certain actions proposed to be taken
at real property subject to a release or threatened release of a
hazardous substance or pollutant or contaminant will not
constitute conduct associating the person with the release or
threatened release for the purpose of section 115B.03,
subdivision 3, clause (d). Proposed actions that may be covered
by a determination under this section include response actions
approved by the commissioner to address the release or
threatened release, actions to improve or develop the real
property, loans secured by the real property, or other similar
actions. A determination may be subject to terms and conditions
deemed reasonable by the commissioner. When a person takes
actions in accordance with a determination issued under this
subdivision, the actions do not associate the person with the
release for the purpose of section 115B.03, subdivision 3,
clause (d).
(b) If a person requesting a determination proposes to take
response actions at real property, the commissioner may also
issue a determination under paragraph (a) that certain actions
taken in the past at the real property did not constitute
conduct associating the person with the release or threatened
release for purposes of section 115B.03, subdivision 3, clause
(d). Any such determination shall be limited to the represented
facts of the past actions and shall not apply to actions that
are not represented or disclosed. The determination may be
subject to such other terms and conditions as the commissioner
deems reasonable.
Sec. 2. Minnesota Statutes 1992, section 115C.03,
subdivision 9, is amended to read:
Subd. 9. [REQUESTS FOR REVIEW, INVESTIGATION, AND
OVERSIGHT.] (a) The commissioner may, upon request:
(1) assist in determining whether a release has occurred;
and
(2) assist in or supervise the development and
implementation of reasonable and necessary response corrective
actions.
(b) Assistance may include review of agency records and
files and review and approval of a requester's investigation
plans and reports and corrective action plans and implementation.
(c) Assistance may include the issuance of a written
determination that an owner or prospective buyer of real
property will not be a responsible person under section
115C.021, if the commissioner finds the release came from a tank
not located on the property. The commissioner may also issue a
written confirmation that the real property was the site of a
release and that the tank from which the release occurred has
been removed or that the agency has issued a site closure letter
and has not revoked that status. The issuance of the written
determination or confirmation applies to tanks not on the
property or removed only, and does not affect liability for
releases from tanks that are on the property at the time of
purchase. The written determination or confirmation extends to
the successors and assigns of the person to whom it originally
applied, if the successors and assigns are not otherwise
responsible for the release.
(c) (d) 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 subdivision
must be deposited in the state treasury and credited to the
account.
ARTICLE 5
Section 1. Minnesota Statutes 1992, section 115A.055, is
amended to read:
115A.055 [OFFICE OF WASTE MANAGEMENT ENVIRONMENTAL
ASSISTANCE.]
The office of waste management environmental assistance is
an agency in the executive branch headed by a director appointed
by the governor commissioner of the pollution control agency,
with the advice and consent of the senate, to serve in the
unclassified service. The director may appoint two assistant
directors in the unclassified service and may appoint other
employees, as needed, in the classified service. The office is
a department of the state only for purposes of section 16B.37,
subdivision 2.
Sec. 2. [OFFICE OF ENVIRONMENTAL ASSISTANCE; RETURN AND
TRANSFER OF RESPONSIBILITIES.]
(a) The personnel, powers, duties, and furniture and
equipment of the office of waste management transferred from it
by reorganization order number 169 under Minnesota Statutes,
section 16B.37, are hereby transferred to the office of
environmental assistance subject to Minnesota Statutes, section
16B.37, subdivision 3.
(b) The solid and hazardous waste management personnel,
powers, and duties of the metropolitan council under Minnesota
Statutes, chapters 115A and 473, are transferred from the
council to the office of environmental assistance subject to
Minnesota Statutes, section 16B.37, subdivision 3.
(c) By February 15, 1995, the legislative commission on
waste management shall propose legislation to conform existing
statutes to the transfer in paragraph (b).
(d) Employees of the metropolitan council currently
performing the duties under Minnesota Statutes, sections
473.149, 473.151, and 473.801 to 473.849 shall be given the
option of filling positions to perform these duties at the
office of environmental assistance. Employees so transferred
shall not suffer a reduction in salary as a result of the
transfer to state employment. For job seniority and benefit
calculation purposes, the date of first employment with the
state is the date on which services were first performed by the
employee for the metropolitan council. Any sick leave, vacation
time, or severance pay benefits accumulated by the affected
employees under the policies of the metropolitan council shall
carry over to state service. For positions transferred from the
metropolitan council to the office of waste management, the
commissioner of employee relations shall determine which
positions are to be placed in the classified service and which
are to be placed in the unclassified service, in accordance with
Minnesota Statutes, chapter 43A. The commissioner shall
allocate positions to appropriate classes in the state
classification plan. Positions transferred with their
incumbents do not create vacancies in state service. Employees
transferred to unlimited classified positions are transferred to
state service without examination. Employees transferred to
unclassified positions must receive unclassified appointments
under the provisions of Minnesota Statutes, chapter 43A. The
commissioner of employee relations shall provide employees of
the metropolitan council who are transferred to the office of
waste management open enrollment in all state employee health
and dental insurance plans with no limitation on preexisting
conditions except as specified in existing state employee
certificates of coverage. The commissioner of employee
relations shall provide employees of the metropolitan council
who are transferred to the office of waste management the
opportunity to purchase optional life and disability insurance
in amounts equivalent to amounts previously purchased by a
transferred employee or provided by the employer.
Sec. 3. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall make the following changes,
with appropriate stylistic corrections, in Minnesota Statutes
1994 and subsequent editions of the statutes:
(1) change the words "office of waste management" and
"office" to "director" and change "its," when it refers to the
office of waste management, to "the director's" in Minnesota
Statutes, sections 115A.06, subdivisions 13 and 14; 115A.072;
115A.152; 115A.154; 115A.156; 115A.165; 115A.45; 115A.48;
115A.51; 115A.52; 115A.54, subdivision 3; 115A.541; 115A.55;
115A.551; 115A.552; 115A.553; 115A.557; 115A.58; 115A.59;
115A.63; 115A.64; 115A.66; 115A.71; 115A.72; 115A.84; 115A.86;
115A.9162; 115A.917; 115A.961; 115A.97; and 115A.991;
(2) change the word "reviewing authority" to "director" in
Minnesota Statutes, sections 115A.83, subdivision 2; 115A.84,
subdivisions 4 and 5; 115A.86, subdivisions 2, 3, and 5;
115A.87; 115A.89; 115A.893, subdivisions 3 and 4;
(3) change the word "its," when it refers to the reviewing
authority, to "the director's" in Minnesota Statutes, sections
115A.84, subdivision 4, paragraph (c); and 115A.89, clause (3);
(4) change the word "it" to "the director" in Minnesota
Statutes, section 115A.84, subdivision 4, paragraphs (a) and
(c);
(5) delete the words "the office or" and delete "acting on
behalf of the office" in Minnesota Statutes, section 115A.06,
subdivisions 8 to 10;
(6) change the word "board" to "director" in Minnesota
Statutes, section 115A.97, subdivision 5;
(7) delete the word "office" in Minnesota Statutes, section
115A.551, subdivision 7; and
(8) change the words "waste management" to "environmental
assistance" in Minnesota Statutes, sections 115A.03,
subdivisions 8a and 22a; 115D.03, subdivision 4; and 116C.03,
subdivision 2.
ARTICLE 6
Section 1. Minnesota Statutes 1992, section 116G.15, is
amended to read:
116G.15 [MISSISSIPPI RIVER CRITICAL AREA.]
The federal Mississippi National River and Recreation Area
established pursuant to United States Code, title 16, section
460zz-2(k), is designated an area of critical concern in
accordance with this chapter. The governor shall review the
existing Mississippi river critical area plan and specify any
additional standards and guidelines to affected communities in
accordance with section 116G.06, subdivision 2, paragraph (b),
clauses (3) and (4), needed to insure preservation of the area
pending the completion of the federal plan.
The results of an environmental impact statement prepared
under chapter 116D and completed after the effective date of
this section for a proposed project that is located in the
Mississippi river critical area north of the United States Army
Corps of Engineers lock and dam number one must be submitted in
a report to the chairs of the environment and natural resources
policy and finance committees of the house of representatives
and the senate prior to the issuance of any state or local
permits and the authorization for an issuance of any bonds for
the project. A report made under this paragraph must list
alternatives to the project that are environmentally superior to
the proposed project and identify any legislative actions that
may assist in the implementation of environmentally superior
alternatives. This paragraph does not apply to a proposed
project to be carried out by the metropolitan council or a
metropolitan agency as defined in section 473.121.
Sec. 2. [116G.151] [REQUIRED ENVIRONMENTAL ASSESSMENT
WORKSHEET; FACILITIES IN MISSISSIPPI RIVER AREA.]
(a) Until completion of an environmental assessment
worksheet that complies with the rules of the environmental
quality board and this section, a state or local agency may not
issue a permit for construction or operation of a metal
materials shredding project with a processing capacity in excess
of 20,000 tons per month that would be located in the
Mississippi river critical area, as described in section
116G.15, upstream from United States Corps of Engineers Lock and
Dam Number One.
(b) The pollution control agency is the responsible
governmental unit for the preparation of an environmental
assessment worksheet required under this section.
(c) In addition to the contents required under law and
rule, an environmental assessment worksheet completed under this
section must also include the following major categories:
(1) effects of operation of the project, including
vibrations and airborne particulates and dust, on the
Mississippi river;
(2) effects of operation of the project, including
vibrations and airborne particulates and dust, on adjacent
businesses and on residents and neighborhoods;
(3) effects of operation of the project on barge and street
traffic;
(4) discussion of alternative sites considered by the
project proposer for the proposed project, possible design
modifications including site layout, and the magnitude of the
project;
(5) mitigation measures that could eliminate or minimize
any adverse environmental effects of the proposed project;
(6) impact of the proposed project on the housing, park,
and recreational use of the river;
(7) effects of waste and implication of the disposal of
waste generated from the proposed project;
(8) effects on water quality from the project operations,
including wastewater generated from operations of the proposed
project;
(9) potential effects from fugitive emissions, fumes, dust,
noise, and vibrations from project operations;
(10) compatibility of the existing operation and proposed
operation with other existing uses;
(11) the report of the expert required by paragraph (g).
(d) In addition to the publication and distribution
provisions relating to environmental assessment worksheets under
law and rule, notice of environmental assessment worksheets
performed by this section shall also be published in a newspaper
of general circulation as well as community newspapers in the
affected neighborhoods.
(e) A public meeting in the affected communities must be
held on the environmental assessment worksheet prepared under
this section. After the public meeting on the environmental
assessment worksheet, there must be an additional 30-day period
for review and comment on the environmental assessment worksheet.
(f) If the pollution control agency determines that
information necessary to make a reasonable decision about
potential of significant environmental impacts is insufficient,
the agency shall make a positive declaration and proceed with an
environmental impact statement.
(g) The pollution control agency shall retain an expert in
the field of toxicology who is capable of properly analyzing the
potential effects and content of any airborne particulates,
fugitive emissions, and dust that could be produced by a metal
materials shredding project. The pollution control agency shall
obtain any existing reports or documents from a governmental
entity or project proposer that analyzes or evaluates the
potential hazards of airborne particulates, fugitive emissions,
or dust from the construction or operation of a metal materials
shredding project in preparing the environmental assessment
worksheet. The agency and the expert shall prepare, as part of
the report, a risk assessment of the types of metals permitted
to be shredded as compared to the types of materials that are
likely to processed at the facility. In performing the risk
assessment, the agency and the expert must consider any actual
experience at similar facilities. The report must be included
as part of the environmental assessment worksheet.
(h) If the pollution control agency determines that under
the rules of the environmental quality board an environmental
impact statement should be prepared, the pollution control
agency shall be the responsible governmental unit for
preparation of the environmental impact statement.
Sec. 3. [APPROPRIATION.]
$75,000 is appropriated in fiscal year 1995 from the
general fund to the commissioner of the pollution control agency
to hire the consultant required under section 2, and to prepare
the environmental assessment worksheet required by section 2.
The proposer will bear all other costs associated with the
preparation of the environmental assessment worksheet.
Presented to the governor May 6, 1994
Signed by the governor May 10, 1994, 4:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes