Minn. Stat. § 115B.01
Citation
Sections 115B.01 to 115B.20 may be cited as the "Environmental Response and Liability Act."
Minnesota Statutes Chapter 115B — Environmental Response and Liability
Minnesota · statute · Minn. Stat. ch. 115B · 68 active provisions
Minn. Stat. § 115B.02
Definitions
Subdivision 1. Application. For the purposes of sections 115B.01 to 115B.20, the following terms have the meanings given them. Subd. 1a. [Repealed, 2003 c 128 art 2 s 56] Subd. 2. Act of God. "Act of God" means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresi…
Minn. Stat. § 115B.03
Responsible Person
Subdivision 1. General rule. For the purposes of sections 115B.01 to 115B.20, and except as provided in subdivisions 2 and 3, a person is responsible for a release or threatened release of a hazardous substance, or a pollutant or contaminant, from a facility if the person: (1) owned or operated the facility: (i) when t…
Minn. Stat. § 115B.04
Liability for Response Costs and Natural Resources; Limitations and Defenses
Subdivision 1. Liability. Except as otherwise provided in subdivisions 2 to 12, and notwithstanding any other provision or rule of law, any person who is responsible for a release or threatened release of a hazardous substance from a facility is strictly liable, jointly and severally, for the following response costs a…
Minn. Stat. § 115B.05
Liability for Economic Loss, Death, Personal Injury, and Disease; Limitations and Defenses
Subdivision 1. Liability. Except as otherwise provided in subdivisions 2 to 10, and notwithstanding any other provision or rule of law, any person who is responsible for the release of a hazardous substance from a facility is strictly liable for the following damages which result from the release or to which the releas…
Minn. Stat. § 115B.055
Effect of Removing and Repealing Certain Provisions
Subdivision 1. Joint and several liability for personal injury. The enactment of Laws 1983, chapter 121, section 5, relating to joint and several liability, and the subsequent amendment of section 115B.05 as provided in Laws 1985, First Special Session chapter 8, shall not be construed in any way as a determination of…
Minn. Stat. § 115B.06
Application to Past Actions
Subdivision 1. Application of section 115B.05. Section 115B.05 does not apply to any claim for damages arising out of the release of a hazardous substance which was placed or came to be located in or on the facility wholly before July 1, 1983. Subd. 2. [Repealed, 1Sp1985 c 8 s 19]
Minn. Stat. § 115B.08
Apportionment and Contribution
Subdivision 1. Right of apportionment; factors. (a) Any person held jointly and severally liable under section 115B.04 has the right at trial to have the trier of fact apportion liability among the parties as provided in this section. The burden is on each defendant to show how that defendant's liability should be appo…
Minn. Stat. § 115B.09
Comparative Fault and Contribution
The provisions of sections 604.01 and 604.02, subdivisions 1 and 2, apply to any action for damages under section 115B.05.
Minn. Stat. § 115B.10
No Avoidance of Liability; Insurance and Subrogation
An owner or operator of a facility or any other person who may be liable under sections 115B.01 to 115B.15 may not avoid that liability by means of any conveyance of any right, title, or interest in real property, or by any indemnification, hold harmless agreement, or similar agreement. Nothing in this section shall be…
Minn. Stat. § 115B.11
Statute of Limitations
Subdivision 1. Construction. For the purposes of this section, "construction" means actions taken after the selection of remedial action such as excavation, building of structures, installation of equipment or fixtures, and other physical actions to respond to a release or threatened release. Subd. 2. Action to recover…
Minn. Stat. § 115B.12
Other Remedies Preserved
Nothing in sections 115B.01 to 115B.15 shall be construed to abolish or diminish any remedy or affect the right of any person to bring a legal action or use any remedy available under any other provision of state or federal law, including common law, to recover for personal injury, disease, economic loss or response co…
Minn. Stat. § 115B.13
Double Recovery Prohibited
A person who recovers response costs or damages pursuant to sections 115B.01 to 115B.15 may not recover the same costs or damages pursuant to any other law. A person who recovers response costs or damages pursuant to any other state or federal law may not recover for the same costs or damages pursuant to sections 115B.…
Minn. Stat. § 115B.14
Awarding Costs
Upon motion of a party prevailing in an action under sections 115B.01 to 115B.15 the court may award costs, disbursements and reasonable attorney fees and witness fees to that party.
Minn. Stat. § 115B.15
Applicability
Sections 115B.01 to 115B.14 apply to any release or threatened release of a hazardous substance occurring on or after July 1, 1983, including any release which began before July 1, 1983, and continued after that date. Sections 115B.01 to 115B.14 do not apply to a release or threatened release which occurred wholly befo…
Minn. Stat. § 115B.16
Disposition of Facilities
Subdivision 1. Closed disposal facilities; using property. No person shall use any property on or in which hazardous waste remains after closure of a disposal facility as defined in section 115A.03, subdivision 10, in any way that disturbs the integrity of the final cover, liners, or any other components of any contain…
Minn. Stat. § 115B.17
State Response to Releases
Subdivision 1. Removal and remedial action. Whenever there is a release or substantial threat of release from a facility of any pollutant or contaminant which presents an imminent and substantial danger to the public health or welfare or the environment or whenever a hazardous substance is released or there is a threat…
Minn. Stat. § 115B.171
Testing for Private Wells; East Metropolitan Area
Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given. (b) "East metropolitan area" means: (1) the cities of Afton, Cottage Grove, Lake Elmo, Maplewood, Newport, Oakdale, St. Paul Park, and Woodbury; (2) the townships of Denmark, Grey Cloud Island, and West Lakela…
Minn. Stat. § 115B.172
Natural Resources Damages Account
Subdivision 1. Establishment. The natural resources damages account is established as an account in the remediation fund. Subd. 2. Revenues. The account consists of money from the following sources: (1) revenue from actions taken to recover natural resources damages under section 115B.17, subdivision 7, or any other la…
Minn. Stat. § 115B.175
Voluntary Response Actions; Liability Protection; Procedures
Subdivision 1. Protection from liability; scope. (a) Subject to the provisions of this section, a person who is not otherwise responsible under sections 115B.01 to 115B.18 for a release or threatened release will not be responsible under those sections for the release or threatened release if the person undertakes and…
Minn. Stat. § 115B.177
Owner of Real Property Affected by off-Site Release
Subdivision 1. Determination or agreement by commissioner. (a) The commissioner may issue a written determination or enter into an agreement to take no action under sections 115B.01 to 115B.18 against a person who owns real property subject to a release of a hazardous substance, or pollutant or contaminant, if the comm…
Minn. Stat. § 115B.178
Association with Release; Commissioner's Determination
Subdivision 1. Determination. (a) The commissioner may issue determinations that certain actions proposed to be taken at real property subject to a release or threatened release of a hazardous substance or pollutant or contaminant will not constitute conduct associating the person with the release or threatened release…
Minn. Stat. § 115B.179
Commissioner's Authority Not Limited
The commissioner's authority to make a determination or enter into an agreement under section 115B.177 and to make a determination under section 115B.178 does not limit or preclude any other authority of the commissioner under any law.
Minn. Stat. § 115B.18
Failure to Take Requested Actions; Civil Penalties; Action to Compel Performance; Injunctive Relief
Subdivision 1. Civil penalties. (a) Any person responsible for a release or threatened release from a facility of a pollutant or contaminant which presents an imminent and substantial danger to the public health or welfare or the environment or for a release or threatened release of a hazardous substance from a facilit…
Minn. Stat. § 115B.19
Purpose of Remediation Fund
In establishing the remediation fund in section 116.155 it is the purpose of the legislature to: (1) encourage treatment and disposal of hazardous waste in a manner that adequately protects the public health or welfare or the environment; (2) encourage responsible parties to provide the response actions necessary to pr…
Page 1 of 3Next →