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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 119-H.F.No. 1320 
                  An act relating to the environment; establishing a 
                  private cause of action for abandonment of hazardous 
                  waste; proposing coding for new law in Minnesota 
                  Statutes, chapter 116. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [116.071] [CAUSE OF ACTION FOR ABANDONMENT OF 
        HAZARDOUS WASTE ON PROPERTY OF ANOTHER.] 
           (a) If an owner of property on which containers of 
        hazardous waste or material which is hazardous waste is 
        abandoned by another disposes of the waste in compliance with 
        all applicable laws and at the owner's expense, the property 
        owner is entitled to recover from any person responsible for the 
        waste that was abandoned damages of twice the costs incurred for 
        removal, processing, and disposal of the waste, together with 
        the costs and losses that result from the abandonment and court 
        costs.  If, before the waste is properly disposed of, the 
        property owner knows the identity and location of a person 
        responsible for the waste that was abandoned, the property owner 
        is not entitled to recover against that person under this 
        section unless: 
           (1) the property owner requests in writing that the person 
        responsible for the waste that was abandoned remove and properly 
        dispose of the abandoned waste and allows the responsible person 
        30 days after the request is mailed to remove the waste; 
           (2) the property owner allows the person responsible for 
        the waste that was abandoned reasonable access to the owner's 
        property to remove the waste within the 30-day period after 
        giving the notice; and 
           (3) the person responsible for the waste that was abandoned 
        fails to remove all of the waste within the 30-day period. 
           (b) A person who is purchasing property on a contract for 
        deed is a property owner for the purposes of this section. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor May 4, 1995 
           Signed by the governor May 5, 1995, 9:04 a.m.