Subdivision 1. Generally. Environmental response costs at qualified facilities defined in section 115B.39, subdivision 2, paragraph (o), clause (1), for which a notice of compliance has been issued under section 115B.40, subdivision 7, are reimbursable as provided in this section.
Subd. 2. Reimbursable persons. (a) Except as provided in paragraphs (b) to (d), the following persons are eligible for reimbursement under this section:
(1) owners or operators, after the owners or operators have agreed to waive all claims for recovery of environmental response costs against any other persons and have agreed to reimburse, on a proportionate basis from each reimbursement received, each person from whom the applicant has collected funds towards reimbursable costs; and
(2) persons, other than owners and operators after the persons have agreed to:
(i) reimburse, on a proportionate basis from each reimbursement payment received, each person from whom the applicant has collected funds towards reimbursable costs; and
(ii) waive all claims for environmental response costs related to the facility and all other qualified facilities, against all other persons.
(b) A person is not eligible for reimbursement under this section if the person is an owner or operator who failed to properly close the qualified facility within the time specified in the facility's permit or the solid waste rules in effect at the time the facility stopped accepting waste.
(c) A person is not eligible for reimbursement under this section for environmental response costs at a facility if the person's actions relating to a release or threatened release at the facility were in violation of federal or state hazardous waste management laws in effect at the time of those actions.
(d) A person is not eligible for reimbursement under this section if, after June 15, 1994, the person files or continues to pursue an action asserting a claim for recovery of environmental response costs relating to a qualified facility, or otherwise seeks contributions for these costs, from another person.
Subd. 3. Reimbursable expenses. (a) Environmental response costs are eligible for reimbursement under this section to the extent that they:
(1) exceed:
(i) for each political subdivision that is an owner or operator of the facility, $250,000; and
(ii) for a private owner or operator, or a political subdivision that jointly owned or operated the facility with two or more other political subdivisions under a valid joint powers agreement, $750,000;
(2) are documented with billings or other proof of project cost; and
(3) if the commissioner finds that they were reasonable and necessary under the circumstances. The commissioner may request further documentation from those requesting reimbursement if it is necessary in the commissioner's judgment.
(b) For owners or operators, the following costs are not reimbursable:
(1) costs attributable to normal operations of the facility or to activities required under the facility permit and applicable solid waste rules, including corrective action, closure, postclosure, and contingency action; and
(2) the acquisition of real property if required of the owner or operator in order to carry out requirements of the facility permit or applicable solid waste rules.
Subd. 4. Reimbursement plan. The commissioner shall prepare a reimbursement plan and present it by October 1, 1995, to the Legislative Commission on Waste Management, the chairs of the senate Finance Committee and Environment and Natural Resources Finance Division and the committees on Ways and Means and Environment and Natural Resources Finance of the house of representatives, and owners and operators of, and persons subject to a cleanup order at, qualified facilities. The plan shall identify sites where reimbursement will occur and the estimated dollar amount for each site and shall set out priorities and payment schedules. The plan must give first priority for reimbursement to persons who are not owners or operators of qualified facilities.
Subd. 5. Reimbursement timing. The commissioner shall not issue reimbursement payments before October 15, 1995. The commissioner shall not issue reimbursements for expense statements filed after October 15, 1996, and shall approve or deny all reimbursement requests by October 15, 1997. The commissioner shall fully reimburse all persons eligible for reimbursement no later than six years after the date of notice of compliance for the facility under section 115B.40, subdivision 7.
Subd. 6. Reimbursement ceiling. The commissioner shall not issue reimbursements in an amount exceeding $7,000,000 per fiscal year.
1994 c 639 art 1 s 9; 1999 c 231 s 144; 2017 c 93 art 2 s 165
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.