Subdivision 1. Corrective action costs. (a) A responsible party is liable for the costs, including for a corrective action administrative cost incurred after the corrective action order has been issued, or for emergency corrective action, all costs. The commissioner may issue an order for recovery of the costs.
(b) A responsible party is liable for the costs of any destruction to wildlife. Payments of costs for wildlife destruction shall be deposited in the game and fish fund of the state treasury.
Subd. 2. Owner of real property. An owner of real property is not a responsible party for an incident on the owner's property unless that owner:
(1) was engaged in manufacturing, formulating, transporting, storing, handling, applying, distributing, or disposing of an agricultural chemical on the property;
(2) knowingly permitted any person to make regular use of the property for disposal of agricultural chemicals; or
(3) violated this chapter in a way that contributed to the incident.
Subd. 3. Liability for employees. A person licensed under chapter 18B or 18C is civilly liable for violations of this chapter, chapter 18B, or 18C by the person's employees and agents.
Subd. 4. Avoidance of liability. (a) A responsible party may not avoid liability by means of a conveyance of a right, title, or interest in real property, or by an indemnification, hold harmless agreement, or similar agreement.
(b) This subdivision does not:
(1) prohibit a person who may be liable from entering an agreement by which the person is insured, held harmless, or indemnified for part or all of the liability;
(2) prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or
(3) bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise.
Subd. 5. Defense. As a defense to a penalty or liability for damages, a person may prove that a violation was caused solely by an act of God, an act of war, or an act or failure to act that constitutes sabotage or vandalism, or a combination of these defenses.
1989 c 326 art 7 s 5
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Chapter 18D — Agricultural Chemical Liability
Section 18D.101 — Liability For Application.
Section 18D.103 — Report Of Incidents Required.
Section 18D.105 — Corrective Action Orders.
Section 18D.1051 — Response To Agricultural Chemical Incidents.
Section 18D.1052 — Land Application Of Agricultural Chemical Contaminated Soil And Other Media.
Section 18D.111 — Liability For Costs.
Section 18D.115 — Apportionment Of Liability And Contribution.
Section 18D.201 — Inspection, Sampling, Analysis.
Section 18D.301 — Enforcement.
Section 18D.302 — False Statement Or Record.
Section 18D.305 — Administrative Action.
Section 18D.311 — Damages For Administrative Action Without Cause.
Section 18D.315 — Administrative Penalties.
Section 18D.321 — Appeal Of Commissioner's Orders.
Section 18D.323 — Crediting Of Penalties, Fees, And Costs.
Section 18D.325 — Civil Penalties.
Section 18D.331 — Criminal Penalties.
Section 18D.40 — Enhanced Penalties; Outdoor Recreation Lands.