2006 Minnesota Statutes

115B.50 RESPONSE ACTIONS.
    Subdivision 1. Response actions by the commissioner. (a) In accordance with the priority
list established under section 115B.17, subdivision 13, the commissioner shall take all response
actions at or related to a dry cleaning facility that the commissioner determines are reasonable and
necessary to protect the public health or welfare or the environment under the standards required
in sections 115B.01 to 115B.20. The commissioner shall review and approve any investigation
and response action plan submitted by an owner or operator of a dry cleaning facility who is
taking response actions under subdivision 2 and shall oversee the implementation of the approved
plans. In carrying out the duties under this subdivision, the commissioner may take emergency
removal actions as provided in section 115B.17, subdivision 1, paragraph (b), and may exercise
the authority provided in section 115B.17, subdivisions 2 to 5, 15, and 16.
(b) The commissioner may not seek recovery against a current or former owner or operator
of a dry cleaning facility of any environmental response costs in excess of $10,000 incurred
by the commissioner at the facility, except:
(1) to the extent of insurance coverage, in excess of $10,000, held by the owner or operator; or
(2) as provided in section 115B.51.
If the commissioner seeks recovery of environmental response costs against an owner
or operator pursuant to this paragraph, the owner or operator shall act as directed by the
commissioner to assert any rights of the owner or operator to any insurance coverage applicable
to those costs and, if coverage is denied, to assign those rights to the commissioner.
(c) Before taking a response action under this subdivision, the commissioner shall notify
the owner or operator of the facility. Except for emergency removal actions under section
115B.17, subdivision 1, paragraph (b), the commissioner shall not take response actions under
this subdivision at a dry cleaning facility where an owner or operator of the facility is taking
response actions under subdivision 2 in accordance with an investigation or response action
plan approved by the commissioner.
    Subd. 2. Response actions by owners or operators; reimbursement. (a) At the request
of the owner or operator of a dry cleaning facility who takes response actions at the facility in
accordance with a response action plan approved by the commissioner, the commissioner shall
reimburse the owner or operator for all but $10,000 of the environmental response costs incurred
by the owner or operator if the commissioner determines that the costs are reasonable and were
actually incurred. If a request for reimbursement is denied, the owner or operator may appeal the
decision as a contested case under chapter 14.
(b) If the commissioner reimburses an owner or operator for environmental response costs
under this subdivision for which the owner or operator has insurance coverage, the commissioner
is subrogated to the rights of the owner or operator with respect to that insurance coverage to the
extent of the reimbursement. Acceptance of reimbursement under this subdivision constitutes an
assignment by the owner or operator with respect to any insurance coverage applicable to the
costs that are reimbursed.
    Subd. 3. Limitation on amount that may be spent. The commissioner may not, in a single
fiscal year, make expenditures from the account related to a single dry cleaning facility that
exceed 20 percent of the balance in the account at the beginning of the fiscal year.
History: 1995 c 252 s 4; 2004 c 228 art 1 s 73