2007 Minnesota Statutes

18E.02 DEFINITIONS.
    Subdivision 1. Definitions. The definitions contained in this section apply to this chapter.
Except for terms defined in this section, the definitions contained in chapters 18B, 18C, and
18D apply to this chapter.
    Subd. 2. Account. "Account" means the agricultural chemical response and reimbursement
account.
    Subd. 3. Agricultural chemical. "Agricultural chemical" means pesticide, fertilizer, plant
amendment, or soil amendment but does not include nitrate and related nitrogen from a natural
source.
    Subd. 4. Board. "Board" means the Agricultural Chemical Response Compensation Board.
    Subd. 5. Eligible person. "Eligible person" means:
    (1) a responsible party or an owner of real property, but does not include the state, a state
agency, or a political subdivision of the state, except as provided in clause (2); common carriers,
as defined by section 218.011, subdivision 10; motor carriers as defined by section 221.011,
subdivision 15 , while transporting agricultural chemicals except as provided in clause (3); or the
federal government or an agency of the federal government;
    (2) the owners of municipal airports in Minnesota where a licensed aerial pesticide applicator
has caused an incident through storage, handling, or distribution operations for agricultural
chemicals if (i) the commissioner has determined that corrective action is necessary and (ii) the
commissioner determines, and the Agricultural Chemical Response Compensation Board concurs,
that based on an affirmative showing made by the owner, a responsible party cannot be identified
or the identified responsible party is unable to comply with an order for corrective action; or
    (3) a person involved in a transaction relating to real property who is not a responsible party
or owner of the real property and who voluntarily takes corrective action on the property in
response to a request or order for corrective action from the commissioner.
    Subd. 5a. Emergency incident. "Emergency incident" means an incident resulting from a
flood, fire, tornado, transportation accident, storage container rupture, or other event as determined
by the commissioner that immediately, uncontrollably, and unpredictably releases agricultural
chemicals into the environment and that may cause unreasonable adverse effects on the public
health or the environment.
    Subd. 5b. Recontamination. "Recontamination" means an agricultural chemical incident
that occurs in a specific land area where corrective actions were taken to address a previous
incident. Recontamination does not include an emergency incident.
    Subd. 6. Single site. "Single site" for purposes of this chapter means all land and water areas,
including air space, and all plants, animals, structures, buildings, contrivances, and machinery
whether fixed or mobile including anything used for transportation within a one-half mile radius
of a discovered or reported incident where agricultural chemical handling, storage, disposal, and
distribution activities have occurred or are now occurring.
    Subd. 7. Incident. "Incident" means a flood, fire, tornado, transportation accident, storage
container rupture, leak, spill, emission discharge, escape, disposal, or other event that releases an
agricultural chemical accidentally or otherwise into the environment and may cause unreasonable
adverse effects on the environment. Incident does not include a release from the normal use of a
product or practice in accordance with law.
History: 1989 c 326 art 8 s 2; 1992 c 500 s 15; 1995 c 182 s 1; 1996 c 407 s 15; 1999 c 231
s 41; 2002 c 373 s 10,11; 2007 c 45 art 1 s 31-33