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Minnesota Legislature

Office of the Revisor of Statutes

    Subdivision 1.[Repealed, 1989 c 335 art 1 s 270]
    Subd. 2. Rules. Unless otherwise provided, the commissioner shall promulgate rules in
accordance with chapter 14 to govern the agency's activities and implement this chapter.
    Subd. 3.[Repealed, 1989 c 335 art 1 s 270]
    Subd. 4.[Repealed, 1996 c 310 s 1]
    Subd. 5. Right of access. Whenever the agency or the commissioner acting on behalf of the
agency deems it necessary to the accomplishment of its purposes, the agency or any member,
employee, or agent thereof, when authorized by it or the commissioner, may enter upon any
property, public or private, for the purpose of obtaining information or conducting surveys or
investigations, provided that the entrance and activity is undertaken after reasonable notice and
during normal business hours and provided that compensation is made for any damages to the
property caused by the entrance and activity. The agency may pay a reasonable estimate of the
damages it believes will be caused by the entrance and activity before entering any property.
    Subd. 5a. Acquisition of easements. If the agency determines that any activity deemed
necessary to accomplish its purposes under subdivision 5 constitutes a substantial interference
with the possession, enjoyment, or value of the property where the activity will take place, the
agency may acquire a temporary easement interest in the property that permits the agency to
carry out the activity and other activities incidental to the accomplishment of the same purposes.
The agency may acquire temporary easement interests under this subdivision by purchase, gift,
or condemnation. The right of the agency to acquire a temporary easement is subject to the
same requirements and may be exercised with the same authority as provided for acquisition of
property interests by the commissioner of administration under Minnesota Statutes 1994, section
115A.06, subdivision 4.
    Subd. 6. Gifts and grants. The agency, or the commissioner of the Pollution Control Agency
or commissioner of administration on behalf of the agency, may apply for and accept gifts, loans,
or other property from the United States, the state, or any person for any of the purposes of the
agency, may enter into any agreement required in connection therewith, and may hold, use, and
dispose of the money or property in accordance with the terms of the gift, grant, loan or agreement.
    Subd. 7. Property exempt from taxation. Any real or personal property owned, used, or
occupied by the agency or the commissioner of administration for any purpose referred to in
sections 115A.01 to 115A.72 is declared to be acquired, owned, used, and occupied for public and
governmental purposes, and shall be exempt from taxation by the state or any political subdivision
of or other governmental unit of or within the state, provided that those properties shall be subject
to special assessments levied for a local improvement in amounts proportionate to and not
exceeding the special benefit received by the properties from the improvement. No possible use of
the properties in any manner different from their use for hazardous waste management at the time
shall be considered in determining the special benefit received by the properties.
    Subd. 8. Contracts. The commissioner may enter into any contract necessary or proper for
the exercise of the commissioner's powers or the accomplishment of the agency's purposes.
    Subd. 9. Joint powers. The commissioner may act under the provisions of section 471.59, or
any other law providing for joint or cooperative action.
    Subd. 10. Research. The commissioner may conduct research studies and programs, collect
and analyze data, prepare reports, maps, charts, and tables, and order all necessary hearings and
investigations in connection with the commissioner's work and may advise and assist other
government units on planning matters within the scope of the commissioner's powers, duties,
and objectives.
    Subd. 11. Employees; contracts for services. The commissioner may employ persons and
contract for services to perform research, engineering, legal, or other services necessary to carry
out the commissioner's functions.
    Subd. 12. Insurance. The commissioner may procure insurance in amounts the
commissioner deems necessary to insure against liability of the agency and employees or both,
for personal injury or death and property damage or destruction, with the force and effect stated
in chapter 466, and against risks of damage to or destruction of any of the agency's property as
the commissioner deems necessary.
    Subd. 13. Private and nonpublic data. Any data held by the commissioner which consists of
trade secret information as defined by section 13.37, subdivision 1, clause (b), or sales information,
shall be classified as private or nonpublic data as defined in section 13.02, subdivisions 9 and 12.
When data is classified private or nonpublic pursuant to this subdivision the commissioner may:
(a) use the data to compile and publish analyses or summaries and to carry out the
commissioner's statutory responsibilities in a manner which does not identify the subject of
the data; or
(b) disclose the data when the commissioner is obligated to disclose it to comply with federal
law or regulation but only to the extent required by the federal law or regulation.
The subject of data classified as private or nonpublic pursuant to this subdivision may
authorize the disclosure of some or all of that data by the commissioner.
    Subd. 14. Waste rendered nonhazardous and industrial waste. The commissioner shall
encourage improved management of waste rendered nonhazardous and industrial waste that
should be managed separately from mixed municipal solid waste, and may provide technical and
planning assistance to political subdivisions, waste generators, and others for the purpose of
identifying, developing, and implementing alternative management methods for those wastes.
History: 1980 c 564 art 2 s 3; 1981 c 311 s 39; 1981 c 352 s 4-6; 1982 c 545 s 24; 1982 c
569 s 1,2; 1983 c 373 s 9; 1984 c 644 s 3; 1986 c 425 s 19; 1986 c 444; 1987 c 348 s 3; 1989
c 335 art 1 s 269; 1991 c 199 art 2 s 7; 1991 c 326 s 5; 1991 c 337 s 8; 1994 c 639 art 5 s 3;
2002 c 379 art 1 s 29; 1Sp2005 c 1 art 2 s 161