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Office of the Revisor of Statutes

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

                            CHAPTER 376-S.F.No. 3290 
                  An act relating to environment; providing grants for 
                  certain agreements made under the Environment Response 
                  and Liability Act; extending landfill cleanup 
                  eligibility for the Western Lake Superior Sanitary 
                  District; amending Minnesota Statutes 1998, section 
                  115B.17, subdivision 19. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 115B.17, 
        subdivision 19, is amended to read: 
           Subd. 19.  [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a) 
        When the agency determines that some but not all persons 
        responsible for a release are willing to implement response 
        actions, the agency may agree, pursuant to a settlement of its 
        claims under sections 115B.01 to 115B.18, to reimburse the 
        settling parties for response costs incurred to take the 
        actions.  The agency may agree to reimburse any amount which 
        does not exceed the amount that the agency estimates may be 
        attributable to the liability of responsible persons who are not 
        parties to the settlement.  Reimbursement may be provided only 
        for the cost of conducting remedial design and constructing 
        remedial action pursuant to the terms of the settlement.  
        Reimbursement under this subdivision shall be paid only upon the 
        agency's determination that the remedial action approved by the 
        agency has been completed in accordance with the terms of the 
        settlement.  The agency may use money appropriated to it for 
        actions authorized under section 115B.20, subdivision 2, clause 
        (2), to pay reimbursement under this subdivision. 
           (b) The agency may agree to provide reimbursement under a 
        settlement only when all of the following requirements have been 
        met: 
           (1) the agency has made the determination under paragraph 
        (c) regarding persons who are not participating in the 
        settlement, and has provided written notice to persons 
        identified under paragraph (c), clauses (1) and (2), of their 
        opportunity to participate in the settlement or in a separate 
        settlement under subdivision 20; 
           (2) the release addressed in the settlement has been 
        assigned a priority pursuant to agency rules adopted under 
        subdivision 13, and the priority is at least as high as a 
        release for which the agency would be allowed to allocate funds 
        for remedial action under the rules; 
           (3) an investigation of the release addressed in the 
        settlement has been completed in accordance with a plan approved 
        by the agency; and 
           (4) the agency has approved the remedial action to be 
        implemented under the settlement. 
           (c) Before entering into a settlement providing for 
        reimbursement under this subdivision, the agency shall determine 
        that there are one or more persons who meet any of the following 
        criteria who are not participating in the settlement: 
           (1) persons identified by the agency as responsible for the 
        release addressed in the settlement but who are likely to have 
        only minimal involvement in actions leading to the release, or 
        are insolvent or financially unable to pay any significant share 
        of response action costs; 
           (2) persons identified by the agency as responsible for the 
        release other than persons described in clause (1) and who are 
        unwilling to participate in the settlement or to take response 
        actions with respect to the release; 
           (3) persons whom the agency has reason to believe are 
        responsible for the release addressed in the settlement but whom 
        the agency has been unable to identify; or 
           (4) persons identified to the agency by a party to the 
        proposed settlement as persons who are potentially responsible 
        for the release but for whom the agency has insufficient 
        information to determine responsibility. 
           (d) Except as otherwise provided in this subdivision, a 
        decision of the agency under this subdivision to offer or agree 
        to provide reimbursement in any settlement, or to determine the 
        amount of reimbursement it will provide under a settlement, is a 
        matter of agency discretion in the exercise of its enforcement 
        authority.  In exercising discretion in this matter, the agency 
        may consider, among other factors, the degree of cooperation 
        with the agency that has been shown prior to the settlement by 
        the parties seeking reimbursement. 
           (e) The agency may require as a term of settlement under 
        this subdivision that the parties receiving reimbursement from 
        the agency waive any rights they may have to bring a claim for 
        contribution against persons who are not parties to the 
        settlement. 
           (f) Notwithstanding any provision to the contrary in 
        paragraphs (a) to (e) of this subdivision, until June 30, 2001, 
        the agency may use the authority under this subdivision to enter 
        into agreements for the implementation of a portion of an 
        approved response action plan and to provide funds in the form 
        of a grant for the purpose of implementing the agreement.  The 
        amount paid for implementing a portion of an approved response 
        action plan may not exceed the proportion of the costs of the 
        response action plan which are attributable to the liability of 
        responsible persons who are not parties to the agreement. 
           (g) A decision of the agency under paragraph (f) to offer 
        or agree to provide funds in any agreement or to determine the 
        specific remedial actions included in any agreement to implement 
        an approved action plan or the amount of funds the agency will 
        provide under an agreement is a matter of agency discretion in 
        the exercise of its enforcement authority. 
           Sec. 2.  [WESTERN LAKE SUPERIOR SANITARY DISTRICT; LANDFILL 
        CLEANUP PROGRAM QUALIFICATION.] 
           Notwithstanding any provision to the contrary in Minnesota 
        Statutes, sections 115B.39 to 115B.445, the facilities of a 
        sanitary district operating pursuant to Minnesota Statutes, 
        chapter 458D, and adjacent property used for solid waste 
        disposal that did not occur under a permit from the agency, are 
        a qualified facility for purposes of Minnesota Statutes, section 
        115B.39, subdivision 2, paragraph (l), clause (2), if the 
        following conditions are met: 
           (1) the sanitary district's facility is or was permitted by 
        the pollution control agency; 
           (2) the sanitary district stopped accepting mixed municipal 
        solid waste by January 1, 2000; and 
           (3) the sanitary district stops accepting demolition debris 
        and industrial waste at the facility by January 1, 2002.  
           Sec. 3.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor April 10, 2000 
           Signed by the governor April 13, 2000, 4:45 p.m.