2004 Minnesota Statutes

CHAPTER 115E. Oil and hazardous substance discharge preparedness

     115E.01 Definitions. 

    Subdivision 1.    Scope.  The definitions in this 
 section apply to this chapter.  Terms that are not defined have 
 the meanings given in the Oil Pollution Act of 1990. 

    Subd. 2.    Agricultural chemical.  "Agricultural 
 chemical" has the meaning given in section 18D.01, subdivision 3.

    Subd. 3.    Commissioners.  "Commissioners" means the 
 commissioner of public safety and 

    (1) the commissioner of agriculture, with respect to 
 agricultural chemicals; or 

    (2) the commissioner of the pollution control agency, with 
 respect to other hazardous substances and oil. 

    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. 

    Subd. 4.    Discharge.  "Discharge" means an intentional 
 or unintentional emission, other than natural seepage, and 
 includes, but is not limited to, spilling, leaking, pumping, 
 pouring, emitting, emptying, or dumping; and also includes 
 release as defined in section 115B.02, subdivision 15. 

    Subd. 5.    Facility.  "Facility" means a structure, 
 group of structures, equipment, or device, other than a vessel, 
 that is used for one or more of the following purposes:  
 exploring for, drilling for, producing, storing, handling, 
 transferring, processing, or transporting oil or a hazardous 
 substance.  Facility includes a motor vehicle, rolling stock, or 
 pipeline used for one or more of these purposes.  A facility may 
 be in, on, or under land, or in, on, or under waters of the 
 state as defined in section 115.01, subdivision 22. 

    Subd. 6.    Hazardous substance.  "Hazardous substance" 
 has the meaning given in section 115B.02, subdivision 8. 

    Subd. 7.    Lead agency.  "Lead agency" means:  

    (1) the Department of Agriculture, with respect to 
 agricultural chemicals; or 

    (2) the Pollution Control Agency, for other hazardous 
 substances or oil. 

    Subd. 8.    Oil.  "Oil" means oil of any kind or in any 
 form including, but not limited to, petroleum, fuel oil, sludge, 
 oil refuse, and oil mixed with wastes other than dredged spoils; 
 and also includes petroleum as defined in section 115C.02, 
 subdivision 10. 

    Subd. 9.    Oil Pollution Act of 1990.  "Oil Pollution 
 Act of 1990" means the Oil Pollution Act of 1990, Statutes at 
 Large, volume 104, pages 484 to 575.  

    Subd. 10.    Person.  "Person" has the meaning given in 
 section 115B.02, subdivision 12. 

    Subd. 11.    Response.  "Response" has the meaning given 
 in section 115B.02, subdivision 18, and the meaning of 
 corrective action given in section 115C.02, subdivision 4.  
 Response includes restoration, rehabilitation, replacement, or 
 acquisition of the equivalent of the natural resources affected 
 by the discharge of hazardous substances or oil. 

    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. 

    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. 

    Subd. 11c.    Responsible party.  "Responsible party" 
 means a responsible party as defined in section 1001 of the Oil 
 Pollution Act of 1990. 

    Subd. 12.    Vessel.  "Vessel" means a watercraft or 
 other artificial contrivance used, or capable of being used, as 
 a means of transportation on water.  It includes a vessel that 
 is constructed or adapted to carry, or that carried, oil or 
 hazardous substances in bulk as cargo or cargo residue. 

    Subd. 13.    Worst case discharge.  "Worst case 
 discharge" means: 

    (1) in the case of a vessel, sudden loss of the entire 
 contents of the vessel in weather conditions that impede 
 cleanup; 

    (2) for each tank of a storage tank facility, sudden loss 
 of the entire contents of the tank in weather conditions that 
 impede cleanup; 

    (3) in the case of railroad rolling stock facilities, 
 sudden loss of the contents of the maximum expected number of 
 the rail cars containing oil or hazardous substance of a train 
 onto land or into water in weather conditions that impede 
 cleanup; 

    (4) in the case of truck and trailer rolling stock 
 facilities, sudden loss of the entire contents of the truck or 
 trailer onto land or into water in weather conditions that 
 impede cleanup; 

    (5) in the case of a pipeline facility, sudden loss of the 
 contents of the pipeline which would be expected from complete 
 failure of the pipeline onto land or into water in weather 
 conditions that impede cleanup; 

    (6) in the case of oil or hazardous substance transfer 
 facilities, sudden loss of the largest volume which could occur 
 during transfer into or out of a facility; or 

    (7) the worst case discharge for the facility as described 
 by regulations under the Oil Pollution Act of 1990 if the 
 regulations, when adopted, describe a discharge worse than one 
 described in clauses (1) to (6). 

    HIST: 1991 c 305 s 1; 1995 c 240 art 2 s 2-5 

     115E.02 Duty to prevent discharges. 

    A person who owns or operates a vessel or facility 
 transporting, storing, or otherwise handling hazardous 
 substances or oil or who is otherwise in control of hazardous 
 substances or oil shall take reasonable steps to prevent the 
 discharge of those materials in a place or manner that might 
 cause pollution of the land, waters, or air of the state or that 
 might threaten the public's safety or health. 

    HIST: 1991 c 305 s 2 

     115E.03 Duty to prepare for response to discharges. 

    Subdivision 1.    General preparedness.  A person who 
 owns or operates a vessel or facility transporting, storing, or 
 otherwise handling hazardous substances or oil or who is 
 otherwise in control of hazardous substances or oil shall be 
 prepared at all times to rapidly and thoroughly recover 
 discharged hazardous substances or oil that were under that 
 person's control and to take all other actions necessary to 
 minimize or abate pollution of land, waters, and air of the 
 state and to protect the public's safety and health. 

    Subd. 2.    Specific preparedness.  The following 
 persons shall comply with the specific requirements of 
 subdivisions 3 and 4 and section 115E.04: 

    (1) persons who own or operate a vessel that is constructed 
 or adapted to carry, or that carried, oil or hazardous 
 substances in bulk as cargo or cargo residue; 

    (2) persons who own or operate railroad car rolling stock 
 transporting an aggregate total of more than 100,000 gallons of 
 oil or hazardous substance as cargo in Minnesota in any calendar 
 month; 

    (3) persons who own or operate facilities containing 
 1,000,000 gallons or more of oil or hazardous substance in tank 
 storage at any time; 

    (4) persons who own or operate facilities where there is 
 transfer of an average monthly aggregate total of more than 
 1,000,000 gallons of oil or hazardous substances to or from 
 vessels, tanks, rolling stock, or pipelines, except for 
 facilities where the primary transfer activity is the retail 
 sales of motor fuels; 

    (5) persons who own or operate hazardous liquid pipeline 
 facilities through which more than 100,000 gallons of oil or 
 hazardous substance is transported in any calendar month; and 

    (6) persons required to demonstrate preparedness under 
 section 115E.05. 

    Subd. 3.    Level of preparedness.  A person described 
 in subdivision 2 shall maintain a level of preparedness that 
 ensures that effective response can reliably be made to worst 
 case discharges. 

    Subd. 4.    Demonstration of satisfactory preparedness.  
 A person required to maintain preparedness under subdivision 2 
 may demonstrate satisfactory preparedness to the commissioner of 
 the lead agency through one or a combination of the following 
 means: 

    (1) adequate response personnel and equipment in the usual 
 employ of the person; 

    (2) adequate response personnel and equipment available 
 from for-hire cleanup contractors with arrangements made for 
 their deployment; 

    (3) adequate response personnel and equipment from a 
 response cooperative or community awareness and emergency 
 response organization meeting guidelines prepared by the lead 
 agency with arrangements made for their deployment; or 

    (4) adequate response personnel and equipment of local, 
 state, or federal public sector response organizations with 
 arrangements made for their deployment. 

    Subd. 5.    Department of Transportation.  The 
 commissioner of transportation may examine the evidence of 
 financial responsibility required under section 1016 of the Oil 
 Pollution Act of 1990 for a vessel and may apply the sanctions 
 in that section.  

    HIST: 1991 c 305 s 3; 1993 c 341 art 2 s 1 

     115E.04 Prevention and response plans. 

    Subdivision 1.    Plan contents.  Persons required to 
 show specific preparedness under section 115E.03, subdivision 2, 
 shall prepare and maintain a prevention and response plan for a 
 worst case discharge.  The plan must: 

    (1) describe how it is consistent with the requirements of 
 the national or area contingency plans developed under the Oil 
 Pollution Act of 1990; 

    (2) describe the measures taken to prevent discharges from 
 occurring, including prevention of a worst case discharge, 
 prevention of discharges of lesser magnitude, and prevention of 
 discharges similar to those that have occurred from the vessel 
 or facility during its history of operation; 

    (3) identify the individual or individuals having full 
 authority to implement response actions, and those individuals' 
 qualifications and titles; 

    (4) identify how communication and incident command 
 relationships will be established between the individuals in 
 command of a vessel or facility response and the following 
 persons: 

    (i) individuals in the employ of the owner or operator of 
 the vessel or facility who are responding to the discharge; 

    (ii) appropriate federal, state, and local officials; and 

    (iii) other persons providing emergency response equipment 
 and personnel; 

    (5) describe the facility or vessel and identify the 
 locations and characteristics of potential worst case discharges 
 from the vessel or facility; 

    (6) identify the means under section 115E.03, subdivision 
 4, that will be used to satisfy the requirement to have adequate 
 equipment and personnel to respond to a worst case discharge; 

    (7) contain copies of contracts, correspondence, or other 
 documents showing that adequate personnel and equipment as 
 described in section 115E.03, subdivision 4, will be available 
 to respond to a worst case discharge; 

    (8) describe the actions that will be taken by the persons 
 described in section 115E.03, subdivision 4, in the event of a 
 worst case discharge; and 

    (9) describe the training, equipment testing, periodic 
 drills, and unannounced drills that will be used to ensure that 
 the persons and equipment described in section 115E.03, 
 subdivision 4, are ready for response. 

    A plan submitted to the federal government under the Oil 
 Pollution Act of 1990 or prepared under other law may be used to 
 satisfy the requirements in clauses (1) to (9) provided that the 
 information required by clauses (1) to (9) is included in the 
 plan. 

    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.  

    (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. 

    Subd. 3.    Notification.  (a) The commissioner of 
 public safety must be notified when any of the following takes 
 place: 

    (1) submission of the plan to the federal government; 

    (2) granting of exemptions or extensions of time by the 
 federal government for submission of the plan; or 

    (3) completion of the plan if submission to the federal 
 government is not required. 

    (b) Notification under this subdivision must be on a form 
 prescribed by the commissioner of public safety and must include:

    (1) a description of the facility or vessel; 

    (2) a description of the activities involving oil or 
 hazardous substances; 

    (3) a description of the types of materials being handled, 
 including whether agricultural chemicals are involved; and 

    (4) other information required by the commissioner.  

    (c) The commissioner of public safety shall transmit a copy 
 of the notification to the other commissioners as appropriate, 
 depending on the types of materials involved. 

    Subd. 4.    Review of prevention and response plan.  (a) 
 A person required to show specific preparedness under section 
 115E.03, subdivision 2, must submit a copy of the prevention and 
 response plan to any of the commissioners who request it and to 
 an official of a political subdivision with appropriate 
 jurisdiction upon the official's request, or the plan and 
 equipment and material named in the plan may be examined upon 
 the request of an authorized agent of a commissioner or official.

    (b) Upon the request of one or more of the commissioners, a 
 person shall demonstrate the adequacy of prevention and response 
 plans and preparedness measures by conducting announced or 
 unannounced drills, calling persons and organizations named in a 
 prevention and response plan and verifying roles and 
 capabilities, locating and testing response equipment, 
 questioning response personnel, or other means that in the 
 judgment of the requesting commissioner demonstrate 
 preparedness.  Before requesting an unannounced drill, the 
 requesting commissioner shall notify the other commissioners 
 that a drill will be requested and invite them to participate in 
 or witness the drill.  If an unannounced drill is conducted to 
 the satisfaction of the commissioners, the person conducting the 
 drill may not be required to conduct an additional unannounced 
 drill in the same calendar year. 

    Subd. 5.    Citizens advisory groups.  The commissioner 
 of the Pollution Control Agency, the Department of Agriculture, 
 or the Department of Public Safety may establish, or a local 
 official may request a commissioner to establish, a citizens 
 advisory group following a discharge of oil or a hazardous 
 substance.  The purpose of the citizens advisory group is to 
 facilitate exchange of information and concerns related to the 
 discharge and response between the owner or operator of the 
 vessel or facility, the governmental responders, and the 
 affected members of the public. 

    HIST: 1991 c 305 s 4; 1992 c 593 art 2 s 1; 1993 c 341 art 2 s 
 2; 1995 c 240 art 2 s 6 

     115E.045 Response plans for trucks and certain tank 
  facilities. 

    Subdivision 1.    Response plan for trucks.  (a) By June 
 1, 1994, a person who owns or operates trucks or cargo trailer 
 rolling stock transporting an average monthly aggregate total of 
 more than 10,000 gallons of oil or hazardous substances as bulk 
 cargo in this state shall prepare and maintain a prevention and 
 response plan in accordance with this subdivision.  The plan 
 must include: 

    (1) the name and business and nonbusiness telephone numbers 
 of the individual or individuals having full authority to 
 implement response action; 

    (2) the telephone number of the local emergency response 
 organizations, as defined in section 299K.01, subdivision 3, if 
 the organizations cannot be reached by calling 911; 

    (3) a description of the type of rolling stock and the 
 maximum potential discharge that could occur from the equipment; 

    (4) the telephone number of the single answering point 
 system established under section 115E.09; 

    (5) the telephone number of an individual or company with 
 adequate personnel and equipment available to respond to a 
 discharge, along with evidence that the individual or company 
 and the individual responsible for preparing the plan have made 
 arrangements for such response; 

    (6) a description of the training that the owner or 
 operator's truck or cargo trailer operators have received in 
 handling hazardous materials and the emergency response 
 information available in the vehicle; and 

    (7) a description of the action that will be taken by a 
 truck or cargo trailer owner or operator in response to a 
 discharge. 

    (b) The response plan must be retained on file at the 
 person's principal place of business. 

    Subd. 2.    Response plan for tank facilities with between 
 10,000 and 1,000,000 gallons of storage.  (a) By June 1, 1994, 
 a person who owns or operates a facility that stores more than 
 10,000 gallons but less than 1,000,000 gallons of oil or 
 hazardous substances in aboveground tanks shall prepare and 
 maintain a prevention and response plan in accordance with this 
 subdivision.  The abbreviated plan must include: 

    (1) the name and business and nonbusiness telephone numbers 
 of the individual or individuals having full authority to 
 implement response action; 

    (2) the telephone number of the local emergency response 
 organizations, as defined in section 299K.01, subdivision 3, if 
 the organizations cannot be reached by calling 911; 

    (3) a description of the facility, tank capacities, spill 
 prevention and secondary containment measures at the facility, 
 and the maximum potential discharge that could occur at the 
 facility; 

    (4) the telephone number of the single answering point 
 system established under section 115E.09; 

    (5) documentation that adequate personnel and equipment 
 will be available to respond to a discharge, along with evidence 
 that prearrangements for such response have been made; 

    (6) a description of the training employees at the facility 
 receive in handling hazardous materials and in emergency 
 response information; and 

    (7) a description of the action that will be taken by the 
 facility owner or operator in response to a discharge. 

    (b) The response plan must be retained on file at the 
 person's principal place of business. 

    Subd. 3.    Notice of plan completion.  A person 
 required to prepare a response plan under this section shall 
 notify the commissioner of public safety when the plan has been 
 completed.  Upon request, the person shall provide a copy of the 
 plan to the commissioner of the pollution control agency. 

    Subd. 4.    Agricultural chemicals exempt.  This section 
 does not apply to agricultural chemicals, as defined in section 
 18D.01, subdivision 3, that are subject to chapter 18B or 18C. 

    HIST: 1993 c 341 art 2 s 3; 1994 c 589 s 2 

     115E.05 Orders and injunctions; enforcement. 

    Subdivision 1.    Amendment to plan.  If one or more of 
 the commissioners finds the prevention and response plans or 
 preparedness measures of a person do not meet the requirements 
 of this chapter, the commissioner or commissioners making the 
 finding may by order require that reasonable amendments to the 
 plan or reasonable additional preventive or preparedness 
 measures be implemented in a timely fashion.  If more than one 
 commissioner makes the finding, the order must be a joint order. 

    Subd. 2.    Compliance.  If oil or a hazardous substance 
 is discharged while it is under the control of a person not 
 identified in section 115E.03, subdivision 2, any one of the 
 commissioners may by order require the person to comply with the 
 prevention and response plan requirements of sections 115E.03 
 and 115E.04 in a timely manner if: 

    (1) land, water, or air of the state is polluted or 
 threatened; or 

    (2) human life, safety, health, natural resources, or 
 property is damaged or threatened. 

    Subd. 3.    Financial assurance for response.  (a) For 
 purposes of this subdivision, "ordering commissioner" means: 

    (1) the commissioner of the Pollution Control Agency; 

    (2) the commissioner of natural resources; 

    (3) the commissioner of agriculture; or 

    (4) two or more of these commissioners acting jointly. 

    (b) The ordering commissioner may issue an order under this 
 subdivision if the ordering commissioner determines that 
 adequate response is not being made or that other circumstances 
 exist which indicate adequate response will not continue.  When 
 ordered by the ordering commissioner the owner or operator of a 
 vessel or facility responsible for the discharge of a hazardous 
 substance or oil shall provide financial assurance acceptable to 
 the ordering commissioner.  The financial assurance must be in 
 the amount necessary to cover the reasonable response costs, as 
 determined within one year after discharge by the ordering 
 commissioner, of any additional response that is determined to 
 be reasonable and necessary under applicable laws and 
 regulations.  

    (c) The ordering commissioner may issue only one financial 
 assurance order under this subdivision for a single incident 
 involving the discharge of hazardous substances or oil. 

    (d) This subdivision may be enforced by the ordering 
 commissioner under section 115.071.  

    (e) An order issued under this subdivision shall cease to 
 be effective upon completion of a response in accordance with 
 applicable laws and regulations.  

    Subd. 4.    Other enforcement powers.  For the purposes 
 of enforcing this chapter, the commissioner of the Pollution 
 Control Agency may exercise the regulatory and enforcement 
 powers in chapters 115 and 116 and the commissioner of the 
 Department of Agriculture may exercise the regulatory and 
 enforcement powers in chapters 18B, 18C, and 18D. 

    HIST: 1991 c 305 s 5 

     115E.06 Good Samaritan. 

    (a) A person listed in this paragraph who is rendering 
 assistance in response to a discharge of a hazardous substance 
 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. 

    HIST: 1991 c 305 s 6; 1995 c 240 art 2 s 7 

     115E.061 Responder immunity; oil discharges. 

    (a) Notwithstanding any other law, a person 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 
 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 party; 

    (2) with respect to personal injury or wrongful death; 

    (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). 

    HIST: 1993 c 341 art 2 s 4; 1995 c 240 art 2 s 8 

     115E.07 Cooperation between private and public 
  responders. 

    Political subdivisions and state agencies may arrange with 
 persons to provide resources of state and local government so 
 that the persons may comply with section 115E.03, subdivision 4. 

    HIST: 1991 c 305 s 7 

     115E.08 Coordination. 

    Subdivision 1.    Appointment.  The commissioner of 
 public safety shall coordinate state agency preparedness for 
 response to discharges of oil or hazardous substances. 

    Subd. 2.    Duties.  The commissioner of public safety 
 shall at least annually assess the preparedness of each state 
 agency for carrying out its responsibilities under sections 
 115E.01 to 115E.09 and shall chair regular meetings of 
 representatives of each agency to prepare for coordinated 
 response.  The commissioner shall develop an incident command 
 system for use by state agency responders in consultation with 
 the affected state agencies.  Following each major incident, the 
 commissioner shall review the performance of each responding 
 agency and the adequacy of the overall response and shall report 
 to the agencies involved and the governor.  The commissioner 
 shall also identify opportunities for state agencies to 
 coordinate with federal departments and agencies and political 
 subdivisions of the state for preparedness and response actions. 

    Subd. 3.    Jurisdiction.  Except as otherwise provided, 
 the following agencies have primary responsibility for the 
 specified areas in carrying out the duties and authorities of 
 this chapter: 

    (1) the Department of Agriculture, for agricultural 
 chemicals; 

    (2) the Department of Public Safety, for public safety and 
 protection of property; 

    (3) the Department of Natural Resources, for assessment and 
 rehabilitation of water resources; 

    (4) the Pollution Control Agency, for all other matters 
 subject to this chapter; and 

    (5) the Department of Transportation, with respect to 
 requirements related to the packaging, labeling, placarding, 
 routing, and written reporting on releases of hazardous 
 materials that are being transported. 

    Subd. 4.    Annual report.  The commissioner shall 
 annually report to the appropriate committees of the legislature 
 on the readiness of state government to respond appropriately to 
 discharges of oil or hazardous substances. 

    HIST: 1991 c 305 s 8 

     115E.09 Single answering point system. 

    The commissioner of public safety shall establish a single 
 answering point system for use by persons responsible for 
 reporting emergency incidents and conditions involving hazardous 
 substances or oil to agencies of the state.  The single 
 answering point system must include personnel on duty 24 hours a 
 day and equipment adequate to support communication to and from 
 the parties responsible for an incident and all state agencies 
 responsible for state response to the incident.  The persons at 
 the answering point must be trained in the jurisdictions, 
 responsibilities, and capabilities of each state agency and 
 basic hazardous substance hazard recognition and response 
 procedures.  All state agencies shall cooperate with the 
 commissioner by including the single answering point system 
 telephone number in files, permits, correspondence, and similar 
 written material, and by appointing staff to coordinate the 
 receipt of reports with the staff of the single answering point 
 system. 

    HIST: 1991 c 305 s 9 

     115E.11 Disposition of penalties. 

    Penalties collected for violations of this chapter or 
 section 115.061 that are related to discharges or threatened 
 discharges of petroleum must be deposited in the state treasury 
 and credited to the petroleum tank release cleanup fund. 

    HIST: 1993 c 341 art 2 s 5; 1995 c 254 art 1 s 96