Subdivision 1. Tank status. (a) An owner of an underground storage tank must notify the agency by June 1, 1986, or within 30 days after installation, whichever is later, of the tank's existence and specify the age, size, type, location, uses, and contents of the tank on forms prescribed by the agency.
(b) An owner of an aboveground storage tank must notify the agency by June 1, 1990, or within 30 days after installation, whichever is later, of the tank's existence and specify the age, size, type, location, uses, and contents of the tank on forms prescribed by the agency.
Subd. 2. Abandoned tanks. An owner of an underground or aboveground storage tank permanently taken out of service on or after January 1, 1974, must notify the agency by June 1, 1986, in the case of underground storage tanks; by June 1, 1990, in the case of aboveground storage tanks; or, in either case, within 30 days of discovery, whichever is later, of the existence of the tank and specify or estimate to the best of the owner's knowledge on forms prescribed by the agency, the date the tank was taken out of service, the age, size, type, and location of the tank, and the type and quantity of substance remaining in the tank.
Subd. 3. Change in status. An owner must notify the agency within 30 days of a permanent removal from service or a change in the reported uses, contents, or ownership of an underground or aboveground storage tank.
Subd. 4. Deposit information. Beginning on January 1, 1986, and until July 1, 1987, a person who transfers the title to regulated substances to be placed directly into an underground storage tank must inform the owner or operator in writing of the notification requirement of this section.
Subd. 5. Seller's responsibility. A person who sells a tank intended to be used as an underground or aboveground storage tank or property that the seller knows contains an underground or aboveground storage tank must inform the purchaser in writing of the owner's notification requirements of this section.
Subd. 6. Affidavit. (a) Before transferring ownership of property that the owner knows contains an underground or aboveground storage tank or contained an underground or aboveground storage tank that had a release for which no corrective action was taken or if required by the agency as a condition of a corrective action under chapter 115C, the owner shall record with the county recorder or registrar of titles of the county in which the property is located an affidavit containing:
(1) a legal description of the property where the tank is located;
(2) a description of the tank, of the location of the tank, and of any known release from the tank of a regulated substance to the full extent known or reasonably ascertainable;
(3) a description of any restrictions currently in force on the use of the property resulting from any release; and
(4) the name of the owner.
(b) The county recorder shall record the affidavits in a manner that will insure their disclosure in the ordinary course of a title search of the subject property. Before transferring ownership of property that the owner knows contains an underground or aboveground storage tank, the owner shall deliver to the purchaser a copy of the affidavit and any additional information necessary to make the facts in the affidavit accurate as of the date of transfer of ownership.
(c) Failure to record an affidavit as provided in this subdivision does not affect or prevent any transfer of ownership of the property.
Subd. 7. Recording removal affidavit. If an affidavit has been recorded under subdivision 6 and the tank and any regulated substance released from the tank have been removed from the property in accordance with applicable law, the owner or other interested party may file with the county recorder or registrar of titles an affidavit stating the name of the owner, the legal description of the property, the place and date of filing and document number of the affidavit filed under subdivision 6, and the approximate date of removal of the tank and regulated substance. Upon filing the affidavit described in this subdivision, the affidavit and the affidavit filed under subdivision 6, together with the information set forth in the affidavits, cease to constitute either actual or constructive notice.
Subd. 8. Notice of tank installation or removal. Before beginning installation or removal of an underground tank system, owners and operators must notify the commissioner. Notification must be in writing or by telephone at least ten days before the tank installation or removal. Owners and operators must renotify the commissioner if the date of the tank installation or removal changes by more than 48 hours. The notification must include the following information:
(1) the name, address, and telephone number of the site owner;
(2) the location of the site, if different from clause (1);
(3) the date of the tank installation or removal; and
(4) the name of the contractor or company that will install or remove the tank.
1Sp1985 c 13 s 237; 1987 c 389 s 14; 1988 c 686 art 1 s 60,61; 1989 c 226 s 4; 1992 c 490 s 11; 2013 c 114 art 4 s 87
Structure Minnesota Statutes
Chapters 114C - 116I — Environmental Protection
Chapter 116 — Pollution Control Agency
Section 116.011 — Pollution Report.
Section 116.02 — Pollution Control Agency; Creation And Powers.
Section 116.03 — Commissioner.
Section 116.04 — Executive Secretary.
Section 116.061 — Air Pollution; Emissions And Abatement.
Section 116.07 — Powers And Duties.
Section 116.071 — Cause Of Action For Abandoning Hazardous Waste On Property Of Another.
Section 116.0711 — Feedlot Permits; Conditions; County Grants.
Section 116.0712 — Modified Level One Feedlot Inventory.
Section 116.0713 — Livestock Odor.
Section 116.0715 — Limit On Basis For Action.
Section 116.0716 — Rule Variance.
Section 116.0717 — Minerals Deposition.
Section 116.072 — Administrative Penalties.
Section 116.073 — Field Citations.
Section 116.074 — Notice Of Permit Conditions To Local Governments.
Section 116.075 — Hearings And Records Public.
Section 116.081 — Prohibitions; Air Contaminant And Waste Facilities And Systems.
Section 116.082 — Burning Leaves; Local Ordinances.
Section 116.091 — Systems And Facilities.
Section 116.10 — Policy; Long-range Plan; Purpose.
Section 116.101 — Hazardous Waste; Control And Spill Contingency Plan.
Section 116.11 — Emergency Powers.
Section 116.12 — Hazardous Waste Administration Fees.
Section 116.125 — Notification Of Fee Increases.
Section 116.14 — Hazardous Waste Facilities; Liability Of Guarantor.
Section 116.155 — Remediation Fund.
Section 116.16 — Minnesota State Water Pollution Control Program.
Section 116.163 — Agency Review; Financial Assistance And Bids.
Section 116.165 — Inspection Responsibility.
Section 116.17 — Minnesota State Water Pollution Control Bonds.
Section 116.18 — Water Pollution Control Funds; Appropriations And Bonds.
Section 116.182 — Financial Assistance Program.
Section 116.202 — Coal Tar Sealant; Use And Sale Prohibited.
Section 116.21 — Nutrients In Cleaning Agents And Water Conditioners; Control; Statement Of Policy.
Section 116.23 — Prohibition And Restrictions.
Section 116.26 — Restoring Seized Items.
Section 116.27 — Additional Prohibition.
Section 116.28 — Lists Required.
Section 116.32 — Order To Refrain.
Section 116.33 — Proof Of Offense.
Section 116.34 — Time Limited For Proceedings.
Section 116.35 — Trial Of Offenses.
Section 116.37 — Pcb; Prohibited Use.
Section 116.385 — Trichloroethylene; Ban.
Section 116.39 — Ozone Layer; Preservation.
Section 116.41 — Waste And Waste Facilities Training And Certification.
Section 116.42 — Acid Deposition; Legislative Intent.
Section 116.43 — Acid Deposition Defined.
Section 116.44 — Sensitive Areas; Standards.
Section 116.454 — Monitoring Program.
Section 116.48 — Notification Requirements.
Section 116.482 — Petroleum Release; Notification.
Section 116.49 — Environmental Protection Requirements.
Section 116.491 — Tank Installers; Training And Certification.
Section 116.492 — Basement Storage Tanks; Removal.
Section 116.731 — Requirements To Recycle Cfc's.
Section 116.732 — Requirement To Recycle Fire Extinguisher Halons.
Section 116.733 — Medical Device Exemption.
Section 116.734 — Uniform Cfc Regulation.
Section 116.735 — Training And Certification.
Section 116.78 — Waste Management.
Section 116.79 — Management Plans.
Section 116.80 — Transporting Infectious Waste.
Section 116.801 — Incinerating Infectious Waste; Permit Required.
Section 116.802 — Incinerating Infectious Waste; Environmental Impact.
Section 116.82 — Authority Of Local Government.
Section 116.835 — Safe Sharps Management.
Section 116.84 — Monitors Required For Pcb Incinerators.
Section 116.85 — Monitors Required For Other Incinerators.
Section 116.875 — Authorized Management Methods.
Section 116.88 — Prohibited Methods Of Management.
Section 116.885 — Recycling And Treatment.
Section 116.91 — Citizen Reports Of Environmental Violations.
Section 116.915 — Mercury Reduction.
Section 116.92 — Mercury Emissions; Reduction.
Section 116.921 — Multistate Clearinghouse.
Section 116.925 — Electric Energy; Mercury Emissions Report.
Section 116.93 — Lamp Recycling Facilities.
Section 116.931 — Wheel Weights And Balancing Products; Lead And Mercury Prohibition.
Section 116.9401 — Definitions.
Section 116.9402 — Identifying Chemicals Of High Concern.
Section 116.9403 — Identifying Priority Chemicals.
Section 116.9405 — Applicability.
Section 116.9406 — Donations To The State.
Section 116.9407 — Participating In Interstate Chemicals Clearinghouse.
Section 116.97 — Small Business Air-quality Compliance Assistance Program.
Section 116.98 — Ombudsman For Small Business Air-quality Compliance Assistance Program.
Section 116.99 — Small Business Air-quality Compliance Advisory Council.
Section 116.993 — Small Business Environmental-improvement Loan Program.
Section 116.994 — Small Business Environmental-improvement Loan Accounting.