473.845 METROPOLITAN LANDFILL CONTINGENCY ACTION ACCOUNT.
Subdivision 1. Establishment.
The metropolitan landfill contingency action trust account is
an expendable trust account in the remediation fund. The account consists of revenue deposited in
the account under section
473.843, subdivision 2
, clause (2); amounts recovered under subdivision
7; and interest earned on investment of money in the account.
Subd. 2.[Repealed, 1999 c 231 s 207
Subd. 3. Contingency actions and reimbursement.
Money in the account is appropriated to
the agency for expenditure for any of the following:
(1) to take reasonable and necessary actions for closure and postclosure care of a mixed
municipal solid waste disposal facility in the metropolitan area for a 30-year period after closure,
if the agency determines that the operator or owner will not take the necessary actions requested
by the agency for closure and postclosure in the manner and within the time requested;
(2) to take reasonable and necessary response actions and postclosure care actions at a mixed
municipal solid waste disposal facility in the metropolitan area that has been closed for 30 years
in compliance with the closure and postclosure rules of the agency;
(3) to reimburse a local government unit for costs incurred over $400,000 under a work plan
approved by the commissioner of the agency to remediate methane at a closed disposal facility
owned by the local government unit; or
(4) reasonable and necessary response costs at an unpermitted facility for mixed municipal
solid waste disposal in the metropolitan area that was permitted by the agency for disposal of
sludge ash from a wastewater treatment facility.
Subd. 4.[Repealed, 2003 c 128 art 2 s 56
Subd. 5. Duty to provide information.
The operator or owner of a mixed municipal solid
waste disposal facility or a solid waste disposal facility shall provide the necessary information to
the agency required by sections
or by agency rules.
Subd. 6. Access to information and property.
The agency or any member, employee, or
agent thereof authorized by the agency, upon presentation of credentials, may:
(1) examine and copy any books, papers, records, memoranda, or data of any person who has
a duty to provide information to the agency under sections
(2) enter upon any property, public or private, for the purpose of taking any action authorized
by this section including obtaining information from any person who has a duty to provide the
information, conducting surveys or investigations, and taking response action.
Subd. 7. Recovery of expenses.
When the agency incurs expenses for response actions at a
facility, the agency is subrogated to any right of action which the operator or owner of the facility
may have against any other person for the recovery of the expenses. The attorney general may
bring an action to recover amounts spent by the agency under this section from persons who may
be liable for them. Amounts recovered, including money paid under any agreement, stipulation,
or settlement must be deposited in the metropolitan landfill contingency action account in the
remediation fund created under section
Subd. 8. Civil penalties.
The civil penalties of sections
apply to any
person in violation of this section.
History: 1984 c 644 s 75; 1985 c 198 s 1; 1988 c 685 s 34; 1989 c 209 art 1 s 38; 1989 c
325 s 64,65; 1989 c 335 art 4 s 96; 1990 c 604 art 10 s 20; 1991 c 182 s 1; 1991 c 199 art 1
s 77; 1991 c 337 s 79,80; 1991 c 347 art 1 s 18; 1992 c 464 art 1 s 52; 1994 c 585 s 47; 1995
c 220 s 124; 1995 c 247 art 2 s 50; 1996 c 470 s 27; 1Sp2001 c 2 s 147; 2003 c 128 art 2 s
48-51; 2005 c 10 art 1 s 72