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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 240-S.F.No. 507 
                  An act relating to the environment; modifying the 
                  petroleum tank release cleanup program; providing for 
                  payment for a site assessment prior to tank removal; 
                  modifying reimbursement provisions; adding 
                  requirements for tank monitoring; establishing 
                  registration requirements; modifying program and 
                  liability provisions; clarifying liability for oil 
                  discharges; amending Minnesota Statutes 1994, sections 
                  88.171, subdivision 2; 115C.02, by adding 
                  subdivisions; 115C.03, subdivision 10; 115C.09, 
                  subdivisions 2, 3, 3b, and 3c; 115C.11, subdivisions 1 
                  and 2; 115C.12; 115C.13; 115E.01, by adding 
                  subdivisions; 115E.04, subdivision 2; 115E.06; and 
                  115E.061; proposing coding for new law in Minnesota 
                  Statutes, chapters 115C; and 116. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
           Section 1.  Minnesota Statutes 1994, section 115C.02, is 
        amended by adding a subdivision to read: 
           Subd. 11a.  [PREREMOVAL SITE ASSESSMENT.] "Preremoval site 
        assessment" means actions defined in section 115A.092 which are 
        taken by a registered consultant or the consultant's 
        subcontractor prior to the removal of a petroleum storage tank 
        in order to determine whether a release has occurred in the area 
        immediately surrounding the tank. 
           Sec. 2.  Minnesota Statutes 1994, section 115C.02, is 
        amended by adding a subdivision to read: 
           Subd. 12a.  [RESIDENTIAL SITE.] "Residential site" means a 
        site containing a residence used for permanent habitation by an 
        applicant.  A residence may be part of a multipurpose or 
        multidwelling building, but shall not include multidwelling 
        units which contain more than two separate residences, or 
        buildings such as hotels, hospitals, motels, dormitories, 
        sanitariums, nursing homes, schools or other buildings used for 
        educational purposes, or correctional institutions. 
           Sec. 3.  Minnesota Statutes 1994, section 115C.03, 
        subdivision 10, is amended to read: 
           Subd. 10.  [RETENTION OF CORRECTIVE ACTION RECORDS.] A 
        person who applies for reimbursement under this chapter and a 
        contractor or consultant who has billed the applicant for 
        corrective action services that are part of the claim for 
        reimbursement must maintain prepare and retain all records 
        related to the claim for reimbursement corrective action 
        services for a minimum of five seven years from the date the 
        claim for reimbursement is submitted to the board. corrective 
        action services are performed, including, but not limited to, 
        invoices submitted to applicants, subcontractor invoices, 
        receipts for equipment rental, and all other goods rented or 
        purchased, personnel time reports, mileage logs, and expense 
        accounts.  An applicant must obtain and retain records necessary 
        to document costs submitted in a claim for reimbursement for 
        corrective action services for seven years from the date the 
        claim is submitted to the board. 
           Sec. 4.  Minnesota Statutes 1994, section 115C.09, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RESPONSIBLE PERSON ELIGIBILITY.] (a) A 
        responsible person who has incurred reimbursable costs after 
        June 4, 1987, in response to a release, may apply to the board 
        for partial reimbursement under subdivision 3 and rules adopted 
        by the board.  The board may consider applications for 
        reimbursement at the following stages:  
           (1) after the commissioner approves a plan for corrective 
        action actions related to soil contamination excavation and 
        treatment or after the commissioner determines that further soil 
        excavation and treatment should not be done; 
           (2) after the commissioner determines that the corrective 
        action plan actions described in clause (1) has have been fully 
        constructed or, installed, or completed; 
           (3) after the commissioner approves a comprehensive plan 
        for corrective action that will adequately address the entire 
        release, including groundwater contamination if necessary; 
           (4) after the commissioner determines that the corrective 
        action necessary to adequately address the release has been 
        fully constructed or installed; and 
           (5) periodically afterward as the corrective action 
        continues operation, but no more frequently than four times per 
        12-month period unless the application is for more than $2,000 
        in reimbursement. 
           (b) The commissioner shall review a plan, and provide an 
        approval or disapproval to the responsible person and the board, 
        within 60 days in the case of a plan submitted under paragraph 
        (a), clause (1), and within 120 days in the case of a plan 
        submitted under paragraph (a), clause (3), or the commissioner 
        shall explain to the board why additional time is necessary.  
        The board shall consider a complete application within 60 days 
        of submission of the application under paragraph (a), clauses 
        (1) and (2), and within 120 days of submission of the 
        application under paragraph (a), clauses (3) and (4), or the 
        board shall explain for the record why additional time is 
        necessary.  For purposes of the preceding sentence, board 
        consideration of an application is timely if it occurs at the 
        regularly scheduled meeting following the deadline.  Board staff 
        may review applications submitted to the board simultaneous to 
        the commissioner's consideration of the appropriateness of the 
        corrective action, but the board may not act on the application 
        until after the commissioner's approval is received. 
           (c) A reimbursement may not be made unless the board 
        determines that the commissioner has determined that the 
        corrective action was appropriate in terms of protecting public 
        health, welfare, and the environment. 
           Sec. 5.  Minnesota Statutes 1994, section 115C.09, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 
        The board shall reimburse a responsible person who is eligible 
        under subdivision 2 from the account for in the following 
        amounts: 
           (1) 90 percent of the total reimbursable costs on the first 
        $250,000 and 75 percent on any remaining costs in excess of 
        $250,000 on a site; or 
           (2) for corrective actions at a residential site used as a 
        permanent residence at the time the release was discovered, 92.5 
        percent of the total reimbursable costs on the first $100,000 
        and 100 percent of any remaining costs in excess of $100,000. 
           Not more than $1,000,000 may be reimbursed for costs 
        associated with a single release, regardless of the number of 
        persons eligible for reimbursement, and not more than $2,000,000 
        may be reimbursed for costs associated with a single tank 
        facility. 
           (b) A reimbursement may not be made from the account under 
        this subdivision until the board has determined that the costs 
        for which reimbursement is requested were actually incurred and 
        were reasonable. 
           (c) When an applicant has obtained responsible competitive 
        bids or proposals according to rules promulgated under this 
        chapter prior to June 1, 1995, the eligible costs for the tasks, 
        procedures, services, materials, equipment, and tests of the low 
        bid or proposal are presumed to be reasonable by the board, 
        unless the costs of the low bid or proposal are substantially in 
        excess of the average costs charged for similar tasks, 
        procedures, services, materials, equipment, and tests in the 
        same geographical area during the same time period. 
           (d) When an applicant has obtained a minimum of two 
        responsible competitive bids or proposals on forms prescribed by 
        the board and where the rules promulgated under this chapter 
        after June 1, 1995, designate maximum costs for specific tasks, 
        procedures, services, materials, equipment and tests, the 
        eligible costs of the low bid or proposal are deemed reasonable 
        if the costs are at or below the maximums set forth in the rules.
           (e) Costs incurred for change orders executed as prescribed 
        in rules promulgated under this chapter after June 1, 1995, are 
        presumed reasonable if the costs are at or below the maximums 
        set forth in the rules, unless the costs in the change order are 
        above those in the original bid or proposal or are 
        unsubstantiated and inconsistent with the process and standards 
        required by the rules. 
           (c) (f) A reimbursement may not be made from the account 
        under this subdivision in response to either an initial or 
        supplemental application for costs incurred after June 4, 1987, 
        that are payable under an applicable insurance policy, except 
        that if the board finds that the responsible person has made 
        reasonable efforts to collect from an insurer and failed, the 
        board shall reimburse the responsible person under this 
        subdivision. 
           (d) (g) If the board reimburses a responsible person for 
        costs for which the responsible person has petroleum tank 
        leakage or spill insurance coverage, the board is subrogated to 
        the rights of the responsible person with respect to that 
        insurance coverage, to the extent of the reimbursement by the 
        board.  The board may request the attorney general to bring an 
        action in district court against the insurer to enforce the 
        board's subrogation rights.  Acceptance by a responsible person 
        of reimbursement constitutes an assignment by the responsible 
        person to the board of any rights of the responsible person with 
        respect to any insurance coverage applicable to the costs that 
        are reimbursed.  Notwithstanding this paragraph, the board may 
        instead request a return of the reimbursement under subdivision 
        5 and may employ against the responsible party the remedies 
        provided in that subdivision, except where the board has 
        knowingly provided reimbursement because the responsible person 
        was denied coverage by the insurer. 
           (e) (h) Money in the account is appropriated to the board 
        to make reimbursements under this section.  A reimbursement to a 
        state agency must be credited to the appropriation account or 
        accounts from which the reimbursed costs were paid. 
           (f) (i) The board shall may reduce the amount of 
        reimbursement to be made under this section if it finds that the 
        responsible person has not complied with a provision of this 
        chapter, a rule or order issued under this chapter, or one or 
        more of the following requirements: 
           (1) at the time of the release the tank was in substantial 
        compliance with state and federal rules and regulations 
        applicable to the tank, including rules or regulations relating 
        to financial responsibility; 
           (2) (1) the agency was given notice of the release as 
        required by section 115.061; 
           (3) (2) the responsible person, to the extent possible, 
        fully cooperated with the agency in responding to the release; 
        and 
           (4) if the responsible person is an operator, the person 
        exercised due care with regard to operation of the tank, 
        including maintaining inventory control procedures. 
           (3) the state and federal rules and regulations applicable 
        to the condition or operation of the tank when the noncompliance 
        caused or failed to mitigate the release. 
           (g) (j) The reimbursement shall may be reduced as much as 
        100 percent for failure by the responsible person to comply with 
        the requirements in paragraph (f) (i), clauses (1) to (4) (3).  
        In determining the amount of the reimbursement reduction, the 
        board shall consider:  
           (1) the likely reasonable determination by the agency of 
        the environmental impact of the noncompliance; 
           (2) whether the noncompliance was negligent, knowing, or 
        willful; 
           (3) the deterrent effect of the award reduction on other 
        tank owners and operators; and 
           (4) the amount of reimbursement reduction recommended by 
        the commissioner. 
           (h) (k) A person may assign the right to receive 
        reimbursement to each lender who advanced funds to pay the costs 
        of the corrective action or to each contractor or consultant who 
        provided corrective action services.  An assignment must be made 
        by filing with the board a document, in a form prescribed by the 
        board, indicating the identity of the responsible person, the 
        identity of the assignee, the dollar amount of the assignment, 
        and the location of the corrective action.  An assignment signed 
        by the responsible person is valid unless terminated by filing a 
        termination with the board, in a form prescribed by the board, 
        which must include the written concurrence of the assignee.  The 
        board shall maintain an index of assignments filed under this 
        paragraph.  The board shall pay the reimbursement to the 
        responsible person and to one or more assignees by a multiparty 
        check.  The board has no liability to a responsible person for a 
        payment under an assignment meeting the requirements of this 
        paragraph. 
           Sec. 6.  Minnesota Statutes 1994, section 115C.09, 
        subdivision 3b, is amended to read: 
           Subd. 3b.  [VOLUNTEER ELIGIBILITY.] (a) Notwithstanding 
        subdivisions 1 to 3, a person may apply to the board for partial 
        reimbursement under subdivision 3 who: 
           (1) is not a responsible person under section 115C.02; 
           (2) holds legal or equitable title to the property where a 
        release occurred; and 
           (3) incurs reimbursable costs on or after May 23, 1989. 
           (b) A person eligible for reimbursement under this 
        subdivision must, to the maximum extent possible, comply with 
        the same conditions and requirements of reimbursement as those 
        imposed by this section on a responsible person. 
           (c) The board may reduce the reimbursement to a person 
        eligible under this subdivision if the person acquired legal or 
        equitable title to the property from a responsible person who 
        failed to comply with the provisions of subdivision 3, paragraph 
        (f) (i), except that the board may not reduce the reimbursement 
        to a mortgagee who acquires title to the property through 
        foreclosure or receipt of a deed in lieu of foreclosure. 
           Sec. 7.  Minnesota Statutes 1994, section 115C.09, 
        subdivision 3c, is amended to read: 
           Subd. 3c.  [RELEASE AT REFINERIES AND TANK FACILITIES NOT 
        ELIGIBLE FOR REIMBURSEMENT.] (a) Notwithstanding other 
        provisions of subdivisions 1 to 3b, a reimbursement may not be 
        made under this section for costs associated with a release:  
           (1) from a tank located at a petroleum refinery; or 
           (2) from a tank facility, including a pipeline terminal, 
        with more than 1,000,000 gallons of total petroleum storage 
        capacity at the tank facility.  
           (b) Paragraph (a), clause (2), does not apply to 
        reimbursement for costs associated with a release from a tank 
        facility:  
           (1) owned or operated by a person engaged in the business 
        of mining iron ore or taconite; 
           (2) owned by a political subdivision, a housing and 
        redevelopment authority, an economic development authority, or a 
        port authority that acquired the tank facility prior to May 23, 
        1989; or 
           (3) owned by a person: 
           (i) who acquired the tank facility prior to May 23, 1989; 
           (ii) who did not use the tank facility for the bulk storage 
        of petroleum; and 
           (iii) who is not affiliated with the party who used the 
        tank facility for the bulk storage of petroleum. 
           Sec. 8.  [115C.092] [TANK REMOVALS; PAYMENT FOR PREREMOVAL 
        SITE ASSESSMENT.] 
           Subdivision 1.  [PREREMOVAL SITE ASSESSMENT; 
        REIMBURSEMENT.] (a) Preremoval site assessment costs which are 
        in compliance with the requirements of this chapter and with 
        rules promulgated under this chapter shall be reimbursable.  The 
        applicant shall obtain written competitive proposals for the 
        preremoval site assessment on a form prescribed by the board 
        utilizing, as appropriate, tasks and costs established in rules 
        promulgated under this chapter governing the initial site 
        assessment. 
           (b) If contamination is found at the site, the board shall 
        reimburse an applicant upon submission of the applicant's first 
        application for reimbursement under section 115C.09, subdivision 
        2.  If no contamination is found at the site, the board shall 
        reimburse the applicant upon provision by the applicant of 
        documentation that the tank or tanks have been removed from the 
        site. 
           (c) Notwithstanding any provision in this subdivision to 
        the contrary, the board shall not reimburse for a preremoval 
        site assessment which is done for the purposes of facilitating a 
        property transfer.  The board shall presume that a preremoval 
        site assessment is done for the purposes of facilitating a 
        property transfer if the property is transferred within three 
        months of incurring preremoval site assessment costs. 
           Subd. 2.  [REQUIREMENTS OF A PREREMOVAL SITE ASSESSMENT.] 
        The preremoval site assessment shall include a preremoval site 
        assessment report to the tank owner as prescribed in subdivision 
        3 and (1) three borings if one tank is to be removed, or (2) 
        five borings if more than one tank is to be removed.  The 
        placement of the borings shall be based on the tank system 
        location, estimated depth and gradient of groundwater, and the 
        maximum probability of encountering evidence of petroleum 
        contamination. 
           Subd. 3.  [REPORT TO TANK OWNER.] The consultant shall 
        prepare a preremoval site assessment report which must include 
        the following: 
           (1) a summary of any unusual site features affecting the 
        preremoval site assessment and subsequent corrective action; 
           (2) the opinion of the consultant as to the presence and 
        relative magnitude of any petroleum contamination on the site; 
           (3) the recommendation of the consultant as to whether 
        further corrective action is needed, including groundwater 
        remediation; 
           (4) the recommendation of the consultant as to whether the 
        contaminated soil, if any, should be excavated and the volume of 
        soil that should be excavated; 
           (5) a statement as to whether a petroleum tank release was 
        reported to the agency and the date and time of that report, if 
        any; and 
           (6) the signature of the consultant or contractor, and the 
        date the report was prepared.  
           If further corrective action is recommended by the 
        consultant, the preremoval site assessment report and any 
        additional information gathered by the consultant during the 
        assessment shall be used for securing competitive bids or 
        proposals on forms prescribed by the board to implement 
        corrective actions at the site, consistent with rules 
        promulgated under this chapter. 
           Subd. 4.  [BID AND INVOICE FORMS; AGENCY FACT SHEETS.] By 
        August 1, 1995, the board shall prescribe a preremoval site 
        assessment bid and invoice form as described in subdivision 1 
        and the agency shall publish fact sheets applicable to the 
        preremoval site assessment. 
           Sec. 9.  Minnesota Statutes 1994, section 115C.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REGISTRATION.] (a) All consultants and 
        contractors who perform corrective action services must register 
        with the board in order to participate in the petroleum tank 
        release cleanup program.  In order to register, consultants must 
        meet and demonstrate compliance with the following criteria: 
           (1) provide a signed statement to the board verifying 
        agreement to abide by this chapter and the rules adopted under 
        it and to include a signed statement with each claim that all 
        costs claimed by the consultant are a true and accurate account 
        of services performed; 
           (2) provide a signed statement that the consultant shall 
        make available for inspection any records requested by the board 
        for field or financial audits under the scope of this chapter; 
           (3) certify knowledge of the requirements of this chapter 
        and the rules adopted under it; 
           (4) obtain and maintain professional liability coverage, 
        including pollution impairment liability; and 
           (5) agree to submit to the board a certificate or 
        certificates verifying the existence of the required insurance 
        coverage. 
           (b) The board must maintain a list of all registered 
        consultants and a list of all registered contractors including 
        an identification of the services offered. 
           (c) An applicant who applies for reimbursement must use a 
        All corrective action services must be performed by registered 
        consultant consultants and contractor in order to be eligible 
        for reimbursement contractors. 
           (d) The commissioner must inform any person who notifies 
        the agency of a release under section 115.061 that the person 
        must use a registered consultant or contractor to qualify for 
        reimbursement and that a list of registered consultants and 
        contractors is available from the board. 
           (e) Work Reimbursement for corrective action services 
        performed by an unregistered consultant or contractor 
        is ineligible for reimbursement subject to reduction under 
        section 115C.09, subdivision 3, paragraph (i). 
           (f) Work (e) Corrective action services performed by a 
        consultant or contractor prior to being removed from the 
        registration list may be reimbursed without reduction by the 
        board. 
           (g) (f) If the information in an application for 
        registration becomes inaccurate or incomplete in any material 
        respect, the registered consultant or contractor must promptly 
        file a corrected application with the board. 
           (h) (g) Registration is effective on the date a complete 
        application is received by the board.  The board may 
        reimburse without reduction the cost of work performed by an 
        unregistered contractor if the contractor performed the work 
        within 30 days of the effective date of registration. 
           Sec. 10.  Minnesota Statutes 1994, section 115C.11, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DISQUALIFICATION.] (a) The board must 
        automatically remove from the registration list for five years a 
        consultant or contractor who is convicted in a criminal 
        proceeding for submitting false or fraudulent bills that are 
        part of a claim for reimbursement under section 115C.09.  The 
        board may, in addition, impose one or more of the sanctions in 
        paragraph (c).  
           (b) The board may impose sanctions under paragraph (c) on a 
        consultant or contractor for any of the following reasons: 
           (1) engaging in conduct that departs from or fails to 
        conform to the minimal standards of acceptable and prevailing 
        engineering, hydrogeological, or other technical practices 
        within the reasonable control of the consultant or contractor; 
           (2) participating in a kickback scheme prohibited under 
        section 115C.045; 
           (3) engaging in conduct likely to deceive or defraud, or 
        demonstrating a willful or careless disregard for public health 
        or the environment; 
           (4) commission of fraud, embezzlement, theft, forgery, 
        bribery, falsification or destruction of records, making false 
        statements, receiving stolen property, making false claims, or 
        obstruction of justice; or 
           (5) revocation, suspension, restriction, limitation, or 
        other disciplinary action against the contractor's or 
        consultant's license or certification in another state or 
        jurisdiction; or 
           (6) if the person is a consultant, failure to comply with 
        any of the ongoing obligations for registration as a consultant 
        in subdivision 1, paragraph (a). 
           (c) The board may impose one or more of the following 
        sanctions: 
           (1) remove a consultant or contractor from the registration 
        list for up to five years; 
           (2) publicly reprimand or censure the consultant or 
        contractor; 
           (3) place the consultant or contractor on probation for a 
        period and upon terms and conditions the board prescribes; 
           (4) require payment of all costs of proceedings resulting 
        in an action instituted under this paragraph; or 
           (5) impose a civil penalty of not more than $10,000, in an 
        amount that the board determines will deprive the consultant or 
        contractor of any economic advantage gained by reason of the 
        consultant's or contractor's conduct or to reimburse the board 
        for the cost of the investigation and proceeding.  
           (d) In deciding whether a particular sanction is 
        appropriate, the board must consider the seriousness of the 
        consultant's or contractor's acts or omissions and any 
        mitigating factors. 
           (e) Civil penalties recovered by the state under this 
        section must be credited to the account.  
           Sec. 11.  Minnesota Statutes 1994, section 115C.12, is 
        amended to read: 
           115C.12 [APPEAL OF REIMBURSEMENT DETERMINATION.] 
           Subdivision 1.  [APPEAL FROM DETERMINATION OF COMMISSIONER 
        OF COMMERCE.] (a) A person may appeal to the board within 90 
        days after notice of a reimbursement determination made under 
        section 115C.09 by submitting a written notice setting forth the 
        specific basis for the appeal. 
           (b) The board shall consider the appeal within 90 days of 
        the notice of appeal.  The board shall notify the appealing 
        party of the date of the meeting at which the appeal will be 
        heard at least 30 days before the date of the meeting. 
           (c) The board's decision must be based on the written 
        record and written arguments and submissions unless the board 
        determines that oral argument is necessary to aid the board in 
        its decision making.  Any written submissions must be delivered 
        to the board at least 15 days before the meeting at which the 
        appeal will be heard.  Any request for the presentation of oral 
        argument must be in writing and submitted along with the notice 
        of appeal.  An applicant for reimbursement may appeal to the 
        board a reimbursement determination made by the commissioner of 
        commerce under authority delegated by the board according to 
        section 115C.09, subdivision 10.  The commissioner of commerce 
        shall send written notification of the reimbursement 
        determination by first class United States mail to the applicant 
        for reimbursement at the applicant's last known address.  The 
        applicant for reimbursement must file written notice with the 
        board of an appeal of a reimbursement determination made by the 
        commissioner of commerce within 60 days of the date that the 
        commissioner of commerce sends written notice to the applicant 
        of the reimbursement determination.  The board shall consider 
        the appeal within 90 days of receipt of the written notice of 
        appeal by the applicant for reimbursement. 
           Subd. 2.  [APPEAL FROM DECISION OF THE BOARD.] (a) An 
        applicant for reimbursement may appeal a reimbursement 
        determination of the board as a contested case under chapter 
        14.  An applicant for reimbursement must provide written 
        notification to the board of a request for a contested case 
        within 30 days of the date that the board makes a reimbursement 
        determination. 
           (b) This subdivision applies to reimbursement 
        determinations made by the board as a result of an appeal to the 
        board under subdivision 1 and reimbursement determinations made 
        by the board when the board has not delegated its authority to 
        make reimbursement determinations. 
           Sec. 12.  Minnesota Statutes 1994, section 115C.13, is 
        amended to read: 
           115C.13 [REPEALER.] 
           Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 
        115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 
        115C.092, 115C.10, 115C.11, and 115C.12, are repealed effective 
        June 30, 2000. 
           Sec. 13.  [116.481] [MONITORING.] 
           Subdivision 1.  [MEASUREMENT OF TANK CAPACITY.] (a) By 
        September 1, 1996, all aboveground tanks of 2,000 gallons or 
        more used for storage and subsequent resale of petroleum 
        products must be equipped with: 
           (1) a gauge in working order that shows the current level 
        of product in the tank; or 
           (2) an audible or visual alarm which alerts the person 
        delivering fuel into the tank that the tank is within 100 
        gallons of capacity. 
           (b) In lieu of the equipment specified in paragraph (a), 
        the owner or operator of a tank may use a manual method of 
        measurement which accurately determines the amount of product in 
        the tank and the amount of capacity available to be used.  This 
        information must be readily available to anyone delivering fuel 
        into the tank prior to delivery.  Documentation that a tank has 
        the available capacity for the amount of product to be delivered 
        must be transmitted to the person making the delivery. 
           Subd. 2.  [CONTENTS LABELED.] (a) By December 1, 1995, all 
        aboveground tanks governed by this section must be numbered and 
        labeled as to the tank contents, total capacity, and capacity in 
        volume increments of 500 gallons or less. 
           (b) Piping connected to the tank must be labeled with the 
        product carried at the point of delivery and at the tank inlet.  
        Manifolded delivery points must have all valves labeled as to 
        product distribution. 
           Subd. 3.  [SITE DIAGRAM.] (a) All tanks at a facility shall 
        be shown on a site diagram which is permanently mounted in an 
        area accessible to delivery personnel.  The diagram shall show 
        the number, capacity, and contents of tanks and the location of 
        piping, valves, storm sewers, and other information necessary 
        for emergency response, including the facility owner's or 
        operator's telephone number. 
           (b) Prior to delivering product into an underground or 
        aboveground tank, delivery personnel shall: 
           (1) consult the site diagram, where applicable, for proper 
        delivery points, tank and piping locations, and valve settings; 
           (2) visually inspect the tank, piping, and valve settings 
        to determine that the product being delivered will flow only 
        into the appropriate tank; and 
           (3) determine, using equipment and information available at 
        the site, that the available capacity of the tank is sufficient 
        to hold the amount being delivered. 
        Delivery personnel must remain in attendance during delivery. 
           Subd. 4.  [CAPACITY OF TANK.] A tank may not be filled from 
        a transport vehicle compartment containing more than the 
        available capacity of the tank, unless the hose of the transport 
        vehicle is equipped with a manually operated shut-off nozzle. 
           Subd. 5.  [EXEMPTION.] Aboveground and underground tanks 
        located at refineries, pipeline terminals, and river terminals 
        are exempt from this section. 
           Sec. 14.  [EFFECTIVE DATE.] 
           Sections 2 and 5, paragraph (a), are effective retroactive 
        to June 4, 1987.  Section 5, paragraphs (c) to (k), section 7, 
        and section 8, subdivision 4, are effective the day following 
        final enactment.  Section 10 is effective January 1, 1996.  All 
        other sections are effective August 1, 1995.  Sections 1 and 8 
        apply only to preremoval site assessments begun on or after 
        August 1, 1995. 
                                   ARTICLE 2
           Section 1.  Minnesota Statutes 1994, section 88.171, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PROHIBITED MATERIALS.] No person shall conduct, 
        cause, or permit open burning of oils, rubber, plastics, 
        chemically treated materials, or other materials which produce 
        excessive or noxious smoke including, but not limited to, tires, 
        railroad ties, chemically treated lumber, composite shingles, 
        tar paper, insulation, composition board, sheetrock, wiring, 
        paint, or paint filters.  Except as specifically authorized by 
        the commissioner of the pollution control agency as an emergency 
        response to an oil spill, no person shall conduct, cause, or 
        permit open burning of oil. 
           Sec. 2.  Minnesota Statutes 1994, section 115E.01, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [DAMAGES.] "Damages" means damages of any kind 
        for which liability may exist under the laws of this state 
        resulting from, arising out of, or related to the discharge or 
        threatened discharge of hazardous substances or oil. 
           Sec. 3.  Minnesota Statutes 1994, section 115E.01, is 
        amended by adding a subdivision to read: 
           Subd. 11a.  [RESPONSE AREA.] "Response area" means the area 
        designated by the federal on-scene coordinator, the commissioner 
        of the pollution control agency, or the commissioner of 
        agriculture in which response to a discharge is occurring. 
           Sec. 4.  Minnesota Statutes 1994, section 115E.01, is 
        amended by adding a subdivision to read: 
           Subd. 11b.  [RESPONSE COSTS.] "Response costs" means the 
        costs of response that are incurred after a discharge of oil or 
        hazardous substances has occurred, or, where there is a 
        substantial threat of discharge of oil or hazardous substances, 
        the costs to prevent, minimize, or mitigate a discharge. 
           Sec. 5.  Minnesota Statutes 1994, section 115E.01, is 
        amended by adding a subdivision to read: 
           Subd. 11c.  [RESPONSIBLE PARTY.] "Responsible party" means 
        a responsible party as defined in section 1001 of the Oil 
        Pollution Act of 1990. 
           Sec. 6.  Minnesota Statutes 1994, section 115E.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TIMING.] (a) A person required to be prepared 
        under section 115E.03, other than a person who owns or operates 
        a motor vehicle, rolling stock, or a facility that stores less 
        than 250,000 gallons of oil or a hazardous substance, shall 
        complete the response plan required by this section by March 1, 
        1993, unless one of the commissioners orders the person to 
        demonstrate preparedness at an earlier date under section 
        115E.05.  Plans must be updated every three years.  Plans must 
        be updated before three years following a significant discharge, 
        upon significant change in vessel or facility operation or 
        ownership, upon significant change in the national or area 
        contingency plans under the Oil Pollution Act of 1990, or upon 
        change in the capabilities or role of a person named in a plan 
        who has an important response role.  
           (b) A person who owns or operates a motor vehicle, rolling 
        stock, or a facility that stores less than 250,000 gallons of 
        oil or a hazardous substance shall complete the response plan 
        required by this section by January 1, 1994. 
           (c) Plans required under section 115E.04 or 115E.045 must 
        be updated every three years.  Plans must be updated before 
        three years following a significant discharge, upon significant 
        change in vessel or facility operation or ownership, upon 
        significant change in the national or area contingency plans 
        under the Oil Pollution Act of 1990, or upon change in the 
        capabilities or role of a person named in a plan who has an 
        important response role. 
           Sec. 7.  Minnesota Statutes 1994, section 115E.06, is 
        amended to read: 
           115E.06 [GOOD SAMARITAN.] 
           (a) A person listed in this paragraph who is rendering 
        assistance in response to a discharge of a hazardous substance 
        or oil is not liable for response costs that result from actions 
        taken or failed to be taken in the course of the assistance 
        unless the person is grossly negligent or engages in willful 
        misconduct: 
           (1) a member of a cooperative or community awareness and 
        emergency response group in compliance with standards in rules 
        adopted by the pollution control agency; 
           (2) an employee or official of the political subdivision 
        where the response takes place, or a political subdivision that 
        has a mutual aid agreement with that subdivision; 
           (3) a member or political subdivision sponsor of a 
        hazardous materials incident response team or special chemical 
        assessment team designated by the commissioner of the department 
        of public safety; 
           (4) a person carrying out the directions of:  (i) the 
        commissioner of the pollution control agency, the commissioner 
        of agriculture, the commissioner of natural resources, or the 
        commissioner of public safety; or (ii) the United States Coast 
        Guard or Environmental Protection Agency on-scene coordinator 
        consistent with a national contingency plan under the Oil 
        Pollution Act of 1990; and 
           (5) a for-hire response contractor. 
           (b) This section does not exempt from liability responsible 
        persons with respect to the discharge under chapter 115B or 115C 
        or responsible parties with respect to the discharge under 
        chapter 18B or 18D. 
           Sec. 8.  Minnesota Statutes 1994, section 115E.061, is 
        amended to read: 
           115E.061 [RESPONDER IMMUNITY; OIL DISCHARGES.] 
           (a) Notwithstanding any other law, a person identified in 
        section 115E.06, paragraph (a), who is rendering care, 
        assistance, or advice in response to a discharge or threat of 
        discharge of oil is not liable for response costs or damages 
        that result from actions taken or failed to be taken in the 
        course of rendering the care, assistance, or advice in 
        accordance consistent with the national contingency plan under 
        the Oil Pollution Act of 1990, or as otherwise directed by the 
        federal on-scene coordinator, the commissioner of the pollution 
        control agency, the commissioner of agriculture, the 
        commissioner of natural resources, or the commissioner of public 
        safety. 
           (b) Paragraph (a) does not apply: 
           (1) to a responsible person under chapter 115B or 115C 
        party; 
           (2) with respect to personal injury or wrongful death; or 
           (3) if the person rendering assistance is grossly negligent 
        or engages in willful misconduct; or 
           (4) to a discharge that occurs outside the response area or 
        after the response. 
           (c) Nothing in this section relieves a responsible party 
        from liability the responsible party otherwise has for the 
        initial discharge or threat of discharge that necessitated the 
        response. 
           (d) Nothing in this section relieves a responsible party 
        from the following duties: 
           (1) to take steps to prevent discharges under section 
        115E.02; 
           (2) to be prepared for discharges under section 115E.03, 
        subdivision 1; or 
           (3) duties under section 115.061. 
           (e) A responsible party is liable for any response costs 
        and damages that another person is relieved of under paragraph 
        (a). 
           Sec. 9.  [EFFECTIVE DATE.] 
           Sections 1 to 8 are effective the day following final 
        enactment. 
           Presented to the governor May 23, 1995 
           Signed by the governor May 25, 1995, 8:46 a.m.