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18D.105 CORRECTIVE ACTION ORDERS.
    Subdivision 1. Corrective action orders. (a) After determining an incident has occurred, the
commissioner may order the responsible party to take reasonable and necessary corrective actions.
(b) The commissioner shall notify the owner of real property where corrective action is
ordered that access to the property will be required for the responsible party or the commissioner
to take corrective action.
(c) A political subdivision may not request or order any person to take an action that conflicts
with the corrective action ordered by the commissioner.
(d) The attorney general on request of the commissioner may bring an action to compel
corrective action.
    Subd. 2. Commissioner's corrective actions. The commissioner may take corrective
action if:
(1) a responsible party cannot be identified; or
(2) an identified responsible party cannot or will not comply with a corrective action order
issued under subdivision 1.
    Subd. 3. Emergency corrective action. (a) To assure an adequate response to an incident,
the commissioner may take corrective action without following the procedures of subdivision
1 if the commissioner determines that the incident constitutes a clear and immediate danger
requiring immediate action to prevent, minimize, or mitigate damage to the public health and
welfare or the environment.
(b) Before taking an action under this subdivision, the commissioner must make all
reasonable efforts, taking into consideration the urgency of the situation, to order a responsible
party to take a corrective action and notify the owner of real property where the corrective action
is to be taken.
    Subd. 3a. Passive bioremediation. Passive bioremediation must be considered for pesticide
and fertilizer cleanups whenever an assessment of the site determines that there is a low potential
risk to public health and the environment. The assessment may include the soil types involved,
leaching potential, underlying geology, proximity to ground and surface water, and the soil
half-life of the pesticides.
    Subd. 4. Agriculture is lead agency. The Department of Agriculture is the lead state agency
in taking corrective action for incidents.
History: 1989 c 326 art 7 s 4; 1993 c 367 s 18; 1995 c 95 s 5

Official Publication of the State of Minnesota
Revisor of Statutes