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 costs. (a) An action for recovery of response costs under section 115B.04, including recovery of costs and expenses under section 115B.17, subdivision 6, may be commenced any time after costs and expenses have been incurred but must be commenced no later than six years after initiation of physical on-site construction of a response action.
(b) A party prevailing in an action commenced within the time required under paragraph (a) shall be entitled to a declaratory judgment of liability for all future reasonable and necessary costs incurred by that party to respond to the release or threatened release, including costs and expenses under section 115B.17, subdivision 6.
Subd. 3. Action for damages. No person may recover damages pursuant to sections 115B.01 to 115B.15 unless the action is commenced within six years from the date when the cause of action accrues. In determining when the cause of action accrues for an action to recover damages for death, personal injury or disease, the court shall consider factors including the following:
(1) when the plaintiff discovered the injury or loss;
(2) whether a personal injury or disease had sufficiently manifested itself; and
(3) when the plaintiff discovered, or using due diligence should have discovered, a causal connection between the injury, disease, or loss and the release of a hazardous substance.
Subd. 4. Application. Subdivisions 1 to 3 apply to actions for recovery of costs commenced on or after April 1, 1998. Response costs incurred before April 1, 1998, are recoverable in an action commenced on or after April 1, 1998, only if physical on-site construction of the response action was initiated not more than six years before the cost recovery action is commenced. Notwithstanding any provision in Laws 1998, chapter 341, to the contrary, the running of the statute of limitations imposed by subdivisions 1 to 3 with respect to cost recovery actions is suspended until July 1, 1999. Subdivisions 1 to 3 shall not apply to any litigation pending in court on March 31, 1998, if the statute of limitations under this chapter has been contested in the litigation. Subdivisions 1 to 3 shall not be offered by any party as evidence of the intent, meaning, or application of the statute of limitations under this chapter.
1983 c 121 s 11; 1998 c 341 s 2,5
Structure Minnesota Statutes
Chapters 114C - 116I — Environmental Protection
Chapter 115B — Environmental Response And Liability
Section 115B.02 — Definitions.
Section 115B.03 — Responsible Person.
Section 115B.04 — Liability For Response Costs And Natural Resources; Limitations And Defenses.
Section 115B.055 — Effect Of Removing And Repealing Certain Provisions.
Section 115B.06 — Application To Past Actions.
Section 115B.08 — Apportionment And Contribution.
Section 115B.09 — Comparative Fault And Contribution.
Section 115B.10 — No Avoidance Of Liability; Insurance And Subrogation.
Section 115B.11 — Statute Of Limitations.
Section 115B.12 — Other Remedies Preserved.
Section 115B.13 — Double Recovery Prohibited.
Section 115B.14 — Awarding Costs.
Section 115B.15 — Applicability.
Section 115B.16 — Disposition Of Facilities.
Section 115B.17 — State Response To Releases.
Section 115B.171 — Testing For Private Wells; East Metropolitan Area.
Section 115B.172 — Natural Resources Damages Account.
Section 115B.175 — Voluntary Response Actions; Liability Protection; Procedures.
Section 115B.177 — Owner Of Real Property Affected By Off-site Release.
Section 115B.178 — Association With Release; Commissioner's Determination.
Section 115B.179 — Commissioner's Authority Not Limited.
Section 115B.19 — Purpose Of Remediation Fund.
Section 115B.20 — Actions Using Money From Remediation Fund.
Section 115B.25 — Definitions.
Section 115B.26 — Paying Claims.
Section 115B.28 — Powers And Duties Of Agency.
Section 115B.29 — Eligible Persons.
Section 115B.30 — Eligible Injury And Damage.
Section 115B.31 — Other Actions.
Section 115B.32 — Claim For Compensation.
Section 115B.33 — Claim Standards.
Section 115B.34 — Compensable Losses.
Section 115B.35 — Determining Claims.
Section 115B.36 — Amount And Form Of Payment.
Section 115B.37 — Attorney Fees.
Section 115B.39 — Landfill Cleanup Program; Establishment.
Section 115B.402 — Illegal Actions At Qualified Facilities.
Section 115B.405 — Excluded Facilities.
Section 115B.406 — Priority Qualified Facilities.
Section 115B.407 — Acquiring And Disposing Of Real Property At Priority Qualified Facilities.
Section 115B.408 — Depositing Proceeds.
Section 115B.41 — Allocating Costs; Failure To Comply.
Section 115B.412 — Program Operation.
Section 115B.414 — Third-party Claims; Mediation; Defense.
Section 115B.42 — Remediation Fund.
Section 115B.421 — Closed Landfill Investment Fund.
Section 115B.43 — Reimbursable Parties And Expenses.
Section 115B.431 — Closed Landfill Solar Redevelopment And Reuse Account.
Section 115B.441 — Insurance Claims Settlement And Recovery Process; Findings And Purpose.
Section 115B.442 — Settlement Process; Information Gathering.
Section 115B.443 — Settlement Process.
Section 115B.444 — State Action Against Insurers.
Section 115B.445 — Depositing Proceeds.
Section 115B.48 — Definitions.
Section 115B.49 — Dry Cleaner Environmental Response And Reimbursement Account.
Section 115B.491 — Dry Cleaning Facility Use Fee; Facilities To File Return.
Section 115B.492 — Allocating Payment.
Section 115B.50 — Response Actions.
Section 115B.51 — Illegal Actions.
Section 115B.52 — Water Quality And Sustainability Account.
Section 115B.53 — Water Quality And Sustainability Stakeholders.