2007 Minnesota Statutes

115B.41 ALLOCATION OF COSTS; FAILURE TO COMPLY.
    Subdivision 1. Allocation and recovery of costs. (a) A person who is subject to the
requirements in section 115B.40, subdivision 4 or 5, paragraph (b), is responsible for all
environmental response costs incurred by the commissioner at or related to the facility until the
date of notice of compliance under section 115B.40, subdivision 7. The commissioner may use
any funds available for closure, postclosure care, and response action established by the owner or
operator. If those funds are insufficient or if the owner or operator fails to assign rights to them to
the commissioner, the commissioner may seek recovery of environmental response costs against
the owner or operator in the county of Ramsey or in the county where the facility is located or
where the owner or operator resides.
(b) In an action brought under this subdivision in which the commissioner prevails, the court
shall award the commissioner reasonable attorney fees and other litigation expenses incurred
by the commissioner to bring the action. All costs, fees, and expenses recovered under this
subdivision must be deposited in the remediation fund established in section 116.155.
    Subd. 2. Environmental response costs; liens. All environmental response costs, including
administrative and legal expenses, incurred by the commissioner at a qualified facility before the
date of notice of compliance under section 115B.40, subdivision 7, constitute a lien in favor of
the state upon any real property located in the state, other than homestead property, owned by
the owner or operator who is subject to the requirements of section 115B.40, subdivision 4 or 5.
A lien under this subdivision attaches when the environmental response costs are first incurred
and continues until the lien is satisfied or becomes unenforceable as for an environmental lien
under section 514.672. Notice, filing, and release of the lien are governed by sections 514.671 to
514.676, except where those requirements specifically are related to only cleanup action expenses
as defined in section 514.671. Relative priority of a lien under this subdivision is governed by
section 514.672, except that a lien attached to property that was included in any permit for the
solid waste disposal facility takes precedence over all other liens regardless of when the other
liens were or are perfected. Amounts received to satisfy all or a part of a lien must be deposited in
the remediation fund.
    Subd. 3. Local government aid; offset. If an owner or operator fails to comply with
section 115B.40, subdivision 4, or 5, paragraph (b), fails to remit payment of environmental
response costs incurred by the commissioner before the date of notice of compliance under
section 115B.40, subdivision 7, and is a local government unit, the commissioner may seek
payment of the costs from any state aid payments, except payments made under section 115A.557,
subdivision 1 , otherwise due the local government unit. The commissioner of revenue, after being
notified by the commissioner that the local government unit has failed to pay the costs and the
amount due, shall pay an annual proportionate amount of the state aid payment otherwise payable
to the local government unit into the remediation fund that will, over a period of no more than five
years, satisfy the liability of the local government unit for the costs.
    Subd. 4. Disqualification; permits. If an owner or operator of a qualified facility that is
not a local government unit does not undertake closure or postclosure care in compliance with
section 115B.40, subdivision 4, the owner or operator is ineligible to obtain or renew a state or
local permit or license to engage in a business that manages solid waste. Failure of an owner or
operator that is not a local government unit to complete closure or postclosure care at a qualified
facility is prima facie evidence of the lack of fitness of that owner or operator to conduct any solid
waste business and is grounds for revocation of any solid waste business permit or license held
by that owner or operator.
For the purposes of this subdivision and subdivision 2, "owner or operator" means a person,
partnership, firm, limited liability company, cooperative, association, corporation, or other entity
and includes any entity in which the owner or operator owns a controlling interest.
    Subd. 5. Expedited closure. To expedite compliance with section 115B.40, subdivision 4, a
person other than an owner or operator may undertake closure or postclosure care in compliance
with that subdivision under an agreement with the commissioner.
History: 1994 c 639 art 1 s 6; 1995 c 220 s 101,130; 2003 c 128 art 2 s 26-28