Minnesota Statutes
Chapter 115B — Environmental Response And Liability
Section 115B.48 — Definitions.

Subdivision 1. Applicability. The definitions in section 115B.02 and this section apply to sections 115B.47 to 115B.51.
Subd. 2. Dry cleaner environmental response and reimbursement account; account. "Dry cleaner environmental response and reimbursement account" or "account" means the dry cleaner environmental response and reimbursement account in the remediation fund established in sections 115B.49 and 116.155.
Subd. 3. Dry cleaning facility. "Dry cleaning facility" means a facility located in this state that is or has been used for a dry cleaning operation, other than:
(1) a coin-operated dry cleaning operation;
(2) a facility located on a United States military base;
(3) a uniform service or linen supply facility;
(4) a prison or other penal institution;
(5) a facility on the national priorities list established under the federal Superfund Act; or
(6) a facility at which a response action has been taken or started before July 1, 1995, except as authorized in a settlement agreement approved by the commissioner by July 1, 1997.
Subd. 4. Dry cleaning operation. "Dry cleaning operation" means commercial cleaning of apparel and household fabrics for the general public, using one or more dry cleaning solvents.
Subd. 5. Dry cleaning solvent. "Dry cleaning solvent" means any nonaqueous solvent for use in the cleaning of garments or other fabrics at a dry cleaning facility, including, but not limited to:
(1) perchloroethylene and its degradation products; and
(2) petroleum-based solvents and their degradation products.
Subd. 6. Environmental response costs. "Environmental response costs" means those costs described in section 115B.17, subdivision 6.
Subd. 7. Facility. "Facility" means one or more buildings or parts of a building and the equipment, installations, and structures contained in the building, located on a single site or on contiguous or adjacent sites. Facility includes any site or area where a hazardous substance, or a pollutant or contaminant, has been deposited, stored, disposed of, or placed, or otherwise comes to be located.
Subd. 8. Full-time equivalence. "Full-time equivalence" means 2,000 hours worked by employees, owners, and others in a dry cleaning facility during a 12-month period beginning July 1 of the preceding year and running through June 30 of the year in which the annual registration fee is due. For those dry cleaning facilities that were in business less than the 12-month period, full-time equivalence means the total of all of the hours worked in the dry cleaning facility, divided by 2,000 and multiplied by a fraction, the numerator of which is 50 and the denominator of which is the number of weeks in business during the reporting period. For the purposes of section 115B.49, an owner working 2,000 hours or more shall be considered as one full-time equivalent.
Subd. 9. [Repealed, 2016 c 123 s 6]
Subd. 10. Owner or operator. "Owner or operator" means a person who:
(1) owns or has owned a dry cleaning facility during the time the dry cleaning facility operated; or
(2) operates or has operated a dry cleaning facility.
1995 c 252 s 2; 1996 c 471 art 2 s 1,2; 1997 c 216 s 110,111; 2002 c 324 s 1; 2003 c 128 art 2 s 32; 1Sp2005 c 1 art 2 s 133; 2006 c 281 art 5 s 2; 1Sp2015 c 4 art 4 s 113; 2016 c 123 s 1

Structure Minnesota Statutes

Minnesota Statutes

Chapters 114C - 116I — Environmental Protection

Chapter 115B — Environmental Response And Liability

Section 115B.01 — Citation.

Section 115B.02 — Definitions.

Section 115B.03 — Responsible Person.

Section 115B.04 — Liability For Response Costs And Natural Resources; Limitations And Defenses.

Section 115B.05 — Liability For Economic Loss, Death, Personal Injury, And Disease; 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.18 — Failure To Take Requested Actions; Civil Penalties; Action To Compel Performance; Injunctive Relief.

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.40 — Program.

Section 115B.402 — Illegal Actions At Qualified Facilities.

Section 115B.403 — Accepting Dump Materials To Augment Closure Or Closure Upgrade Activities 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.47 — Citation.

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.