Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 240-S.F.No. 507
An act relating to the environment; modifying the
petroleum tank release cleanup program; providing for
payment for a site assessment prior to tank removal;
modifying reimbursement provisions; adding
requirements for tank monitoring; establishing
registration requirements; modifying program and
liability provisions; clarifying liability for oil
discharges; amending Minnesota Statutes 1994, sections
88.171, subdivision 2; 115C.02, by adding
subdivisions; 115C.03, subdivision 10; 115C.09,
subdivisions 2, 3, 3b, and 3c; 115C.11, subdivisions 1
and 2; 115C.12; 115C.13; 115E.01, by adding
subdivisions; 115E.04, subdivision 2; 115E.06; and
115E.061; proposing coding for new law in Minnesota
Statutes, chapters 115C; and 116.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1994, section 115C.02, is
amended by adding a subdivision to read:
Subd. 11a. [PREREMOVAL SITE ASSESSMENT.] "Preremoval site
assessment" means actions defined in section 115A.092 which are
taken by a registered consultant or the consultant's
subcontractor prior to the removal of a petroleum storage tank
in order to determine whether a release has occurred in the area
immediately surrounding the tank.
Sec. 2. Minnesota Statutes 1994, section 115C.02, is
amended by adding a subdivision to read:
Subd. 12a. [RESIDENTIAL SITE.] "Residential site" means a
site containing a residence used for permanent habitation by an
applicant. A residence may be part of a multipurpose or
multidwelling building, but shall not include multidwelling
units which contain more than two separate residences, or
buildings such as hotels, hospitals, motels, dormitories,
sanitariums, nursing homes, schools or other buildings used for
educational purposes, or correctional institutions.
Sec. 3. Minnesota Statutes 1994, section 115C.03,
subdivision 10, is amended to read:
Subd. 10. [RETENTION OF CORRECTIVE ACTION RECORDS.] A
person who applies for reimbursement under this chapter and a
contractor or consultant who has billed the applicant for
corrective action services that are part of the claim for
reimbursement must maintain prepare and retain all records
related to the claim for reimbursement corrective action
services for a minimum of five seven years from the date the
claim for reimbursement is submitted to the board. corrective
action services are performed, including, but not limited to,
invoices submitted to applicants, subcontractor invoices,
receipts for equipment rental, and all other goods rented or
purchased, personnel time reports, mileage logs, and expense
accounts. An applicant must obtain and retain records necessary
to document costs submitted in a claim for reimbursement for
corrective action services for seven years from the date the
claim is submitted to the board.
Sec. 4. Minnesota Statutes 1994, section 115C.09,
subdivision 2, is amended to read:
Subd. 2. [RESPONSIBLE PERSON ELIGIBILITY.] (a) A
responsible person who has incurred reimbursable costs after
June 4, 1987, in response to a release, may apply to the board
for partial reimbursement under subdivision 3 and rules adopted
by the board. The board may consider applications for
reimbursement at the following stages:
(1) after the commissioner approves a plan for corrective
action actions related to soil contamination excavation and
treatment or after the commissioner determines that further soil
excavation and treatment should not be done;
(2) after the commissioner determines that the corrective
action plan actions described in clause (1) has have been fully
constructed or, installed, or completed;
(3) after the commissioner approves a comprehensive plan
for corrective action that will adequately address the entire
release, including groundwater contamination if necessary;
(4) after the commissioner determines that the corrective
action necessary to adequately address the release has been
fully constructed or installed; and
(5) periodically afterward as the corrective action
continues operation, but no more frequently than four times per
12-month period unless the application is for more than $2,000
in reimbursement.
(b) The commissioner shall review a plan, and provide an
approval or disapproval to the responsible person and the board,
within 60 days in the case of a plan submitted under paragraph
(a), clause (1), and within 120 days in the case of a plan
submitted under paragraph (a), clause (3), or the commissioner
shall explain to the board why additional time is necessary.
The board shall consider a complete application within 60 days
of submission of the application under paragraph (a), clauses
(1) and (2), and within 120 days of submission of the
application under paragraph (a), clauses (3) and (4), or the
board shall explain for the record why additional time is
necessary. For purposes of the preceding sentence, board
consideration of an application is timely if it occurs at the
regularly scheduled meeting following the deadline. Board staff
may review applications submitted to the board simultaneous to
the commissioner's consideration of the appropriateness of the
corrective action, but the board may not act on the application
until after the commissioner's approval is received.
(c) A reimbursement may not be made unless the board
determines that the commissioner has determined that the
corrective action was appropriate in terms of protecting public
health, welfare, and the environment.
Sec. 5. Minnesota Statutes 1994, section 115C.09,
subdivision 3, is amended to read:
Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a)
The board shall reimburse a responsible person who is eligible
under subdivision 2 from the account for in the following
amounts:
(1) 90 percent of the total reimbursable costs on the first
$250,000 and 75 percent on any remaining costs in excess of
$250,000 on a site; or
(2) for corrective actions at a residential site used as a
permanent residence at the time the release was discovered, 92.5
percent of the total reimbursable costs on the first $100,000
and 100 percent of any remaining costs in excess of $100,000.
Not more than $1,000,000 may be reimbursed for costs
associated with a single release, regardless of the number of
persons eligible for reimbursement, and not more than $2,000,000
may be reimbursed for costs associated with a single tank
facility.
(b) A reimbursement may not be made from the account under
this subdivision until the board has determined that the costs
for which reimbursement is requested were actually incurred and
were reasonable.
(c) When an applicant has obtained responsible competitive
bids or proposals according to rules promulgated under this
chapter prior to June 1, 1995, the eligible costs for the tasks,
procedures, services, materials, equipment, and tests of the low
bid or proposal are presumed to be reasonable by the board,
unless the costs of the low bid or proposal are substantially in
excess of the average costs charged for similar tasks,
procedures, services, materials, equipment, and tests in the
same geographical area during the same time period.
(d) When an applicant has obtained a minimum of two
responsible competitive bids or proposals on forms prescribed by
the board and where the rules promulgated under this chapter
after June 1, 1995, designate maximum costs for specific tasks,
procedures, services, materials, equipment and tests, the
eligible costs of the low bid or proposal are deemed reasonable
if the costs are at or below the maximums set forth in the rules.
(e) Costs incurred for change orders executed as prescribed
in rules promulgated under this chapter after June 1, 1995, are
presumed reasonable if the costs are at or below the maximums
set forth in the rules, unless the costs in the change order are
above those in the original bid or proposal or are
unsubstantiated and inconsistent with the process and standards
required by the rules.
(c) (f) A reimbursement may not be made from the account
under this subdivision in response to either an initial or
supplemental application for costs incurred after June 4, 1987,
that are payable under an applicable insurance policy, except
that if the board finds that the responsible person has made
reasonable efforts to collect from an insurer and failed, the
board shall reimburse the responsible person under this
subdivision.
(d) (g) If the board reimburses a responsible person for
costs for which the responsible person has petroleum tank
leakage or spill insurance coverage, the board is subrogated to
the rights of the responsible person with respect to that
insurance coverage, to the extent of the reimbursement by the
board. The board may request the attorney general to bring an
action in district court against the insurer to enforce the
board's subrogation rights. Acceptance by a responsible person
of reimbursement constitutes an assignment by the responsible
person to the board of any rights of the responsible person with
respect to any insurance coverage applicable to the costs that
are reimbursed. Notwithstanding this paragraph, the board may
instead request a return of the reimbursement under subdivision
5 and may employ against the responsible party the remedies
provided in that subdivision, except where the board has
knowingly provided reimbursement because the responsible person
was denied coverage by the insurer.
(e) (h) Money in the account is appropriated to the board
to make reimbursements under this section. A reimbursement to a
state agency must be credited to the appropriation account or
accounts from which the reimbursed costs were paid.
(f) (i) The board shall may reduce the amount of
reimbursement to be made under this section if it finds that the
responsible person has not complied with a provision of this
chapter, a rule or order issued under this chapter, or one or
more of the following requirements:
(1) at the time of the release the tank was in substantial
compliance with state and federal rules and regulations
applicable to the tank, including rules or regulations relating
to financial responsibility;
(2) (1) the agency was given notice of the release as
required by section 115.061;
(3) (2) the responsible person, to the extent possible,
fully cooperated with the agency in responding to the release;
and
(4) if the responsible person is an operator, the person
exercised due care with regard to operation of the tank,
including maintaining inventory control procedures.
(3) the state and federal rules and regulations applicable
to the condition or operation of the tank when the noncompliance
caused or failed to mitigate the release.
(g) (j) The reimbursement shall may be reduced as much as
100 percent for failure by the responsible person to comply with
the requirements in paragraph (f) (i), clauses (1) to (4) (3).
In determining the amount of the reimbursement reduction, the
board shall consider:
(1) the likely reasonable determination by the agency of
the environmental impact of the noncompliance;
(2) whether the noncompliance was negligent, knowing, or
willful;
(3) the deterrent effect of the award reduction on other
tank owners and operators; and
(4) the amount of reimbursement reduction recommended by
the commissioner.
(h) (k) A person may assign the right to receive
reimbursement to each lender who advanced funds to pay the costs
of the corrective action or to each contractor or consultant who
provided corrective action services. An assignment must be made
by filing with the board a document, in a form prescribed by the
board, indicating the identity of the responsible person, the
identity of the assignee, the dollar amount of the assignment,
and the location of the corrective action. An assignment signed
by the responsible person is valid unless terminated by filing a
termination with the board, in a form prescribed by the board,
which must include the written concurrence of the assignee. The
board shall maintain an index of assignments filed under this
paragraph. The board shall pay the reimbursement to the
responsible person and to one or more assignees by a multiparty
check. The board has no liability to a responsible person for a
payment under an assignment meeting the requirements of this
paragraph.
Sec. 6. Minnesota Statutes 1994, section 115C.09,
subdivision 3b, is amended to read:
Subd. 3b. [VOLUNTEER ELIGIBILITY.] (a) Notwithstanding
subdivisions 1 to 3, a person may apply to the board for partial
reimbursement under subdivision 3 who:
(1) is not a responsible person under section 115C.02;
(2) holds legal or equitable title to the property where a
release occurred; and
(3) incurs reimbursable costs on or after May 23, 1989.
(b) A person eligible for reimbursement under this
subdivision must, to the maximum extent possible, comply with
the same conditions and requirements of reimbursement as those
imposed by this section on a responsible person.
(c) The board may reduce the reimbursement to a person
eligible under this subdivision if the person acquired legal or
equitable title to the property from a responsible person who
failed to comply with the provisions of subdivision 3, paragraph
(f) (i), except that the board may not reduce the reimbursement
to a mortgagee who acquires title to the property through
foreclosure or receipt of a deed in lieu of foreclosure.
Sec. 7. Minnesota Statutes 1994, section 115C.09,
subdivision 3c, is amended to read:
Subd. 3c. [RELEASE AT REFINERIES AND TANK FACILITIES NOT
ELIGIBLE FOR REIMBURSEMENT.] (a) Notwithstanding other
provisions of subdivisions 1 to 3b, a reimbursement may not be
made under this section for costs associated with a release:
(1) from a tank located at a petroleum refinery; or
(2) from a tank facility, including a pipeline terminal,
with more than 1,000,000 gallons of total petroleum storage
capacity at the tank facility.
(b) Paragraph (a), clause (2), does not apply to
reimbursement for costs associated with a release from a tank
facility:
(1) owned or operated by a person engaged in the business
of mining iron ore or taconite;
(2) owned by a political subdivision, a housing and
redevelopment authority, an economic development authority, or a
port authority that acquired the tank facility prior to May 23,
1989; or
(3) owned by a person:
(i) who acquired the tank facility prior to May 23, 1989;
(ii) who did not use the tank facility for the bulk storage
of petroleum; and
(iii) who is not affiliated with the party who used the
tank facility for the bulk storage of petroleum.
Sec. 8. [115C.092] [TANK REMOVALS; PAYMENT FOR PREREMOVAL
SITE ASSESSMENT.]
Subdivision 1. [PREREMOVAL SITE ASSESSMENT;
REIMBURSEMENT.] (a) Preremoval site assessment costs which are
in compliance with the requirements of this chapter and with
rules promulgated under this chapter shall be reimbursable. The
applicant shall obtain written competitive proposals for the
preremoval site assessment on a form prescribed by the board
utilizing, as appropriate, tasks and costs established in rules
promulgated under this chapter governing the initial site
assessment.
(b) If contamination is found at the site, the board shall
reimburse an applicant upon submission of the applicant's first
application for reimbursement under section 115C.09, subdivision
2. If no contamination is found at the site, the board shall
reimburse the applicant upon provision by the applicant of
documentation that the tank or tanks have been removed from the
site.
(c) Notwithstanding any provision in this subdivision to
the contrary, the board shall not reimburse for a preremoval
site assessment which is done for the purposes of facilitating a
property transfer. The board shall presume that a preremoval
site assessment is done for the purposes of facilitating a
property transfer if the property is transferred within three
months of incurring preremoval site assessment costs.
Subd. 2. [REQUIREMENTS OF A PREREMOVAL SITE ASSESSMENT.]
The preremoval site assessment shall include a preremoval site
assessment report to the tank owner as prescribed in subdivision
3 and (1) three borings if one tank is to be removed, or (2)
five borings if more than one tank is to be removed. The
placement of the borings shall be based on the tank system
location, estimated depth and gradient of groundwater, and the
maximum probability of encountering evidence of petroleum
contamination.
Subd. 3. [REPORT TO TANK OWNER.] The consultant shall
prepare a preremoval site assessment report which must include
the following:
(1) a summary of any unusual site features affecting the
preremoval site assessment and subsequent corrective action;
(2) the opinion of the consultant as to the presence and
relative magnitude of any petroleum contamination on the site;
(3) the recommendation of the consultant as to whether
further corrective action is needed, including groundwater
remediation;
(4) the recommendation of the consultant as to whether the
contaminated soil, if any, should be excavated and the volume of
soil that should be excavated;
(5) a statement as to whether a petroleum tank release was
reported to the agency and the date and time of that report, if
any; and
(6) the signature of the consultant or contractor, and the
date the report was prepared.
If further corrective action is recommended by the
consultant, the preremoval site assessment report and any
additional information gathered by the consultant during the
assessment shall be used for securing competitive bids or
proposals on forms prescribed by the board to implement
corrective actions at the site, consistent with rules
promulgated under this chapter.
Subd. 4. [BID AND INVOICE FORMS; AGENCY FACT SHEETS.] By
August 1, 1995, the board shall prescribe a preremoval site
assessment bid and invoice form as described in subdivision 1
and the agency shall publish fact sheets applicable to the
preremoval site assessment.
Sec. 9. Minnesota Statutes 1994, section 115C.11,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION.] (a) All consultants and
contractors who perform corrective action services must register
with the board in order to participate in the petroleum tank
release cleanup program. In order to register, consultants must
meet and demonstrate compliance with the following criteria:
(1) provide a signed statement to the board verifying
agreement to abide by this chapter and the rules adopted under
it and to include a signed statement with each claim that all
costs claimed by the consultant are a true and accurate account
of services performed;
(2) provide a signed statement that the consultant shall
make available for inspection any records requested by the board
for field or financial audits under the scope of this chapter;
(3) certify knowledge of the requirements of this chapter
and the rules adopted under it;
(4) obtain and maintain professional liability coverage,
including pollution impairment liability; and
(5) agree to submit to the board a certificate or
certificates verifying the existence of the required insurance
coverage.
(b) The board must maintain a list of all registered
consultants and a list of all registered contractors including
an identification of the services offered.
(c) An applicant who applies for reimbursement must use a
All corrective action services must be performed by registered
consultant consultants and contractor in order to be eligible
for reimbursement contractors.
(d) The commissioner must inform any person who notifies
the agency of a release under section 115.061 that the person
must use a registered consultant or contractor to qualify for
reimbursement and that a list of registered consultants and
contractors is available from the board.
(e) Work Reimbursement for corrective action services
performed by an unregistered consultant or contractor
is ineligible for reimbursement subject to reduction under
section 115C.09, subdivision 3, paragraph (i).
(f) Work (e) Corrective action services performed by a
consultant or contractor prior to being removed from the
registration list may be reimbursed without reduction by the
board.
(g) (f) If the information in an application for
registration becomes inaccurate or incomplete in any material
respect, the registered consultant or contractor must promptly
file a corrected application with the board.
(h) (g) Registration is effective on the date a complete
application is received by the board. The board may
reimburse without reduction the cost of work performed by an
unregistered contractor if the contractor performed the work
within 30 days of the effective date of registration.
Sec. 10. Minnesota Statutes 1994, section 115C.11,
subdivision 2, is amended to read:
Subd. 2. [DISQUALIFICATION.] (a) The board must
automatically remove from the registration list for five years a
consultant or contractor who is convicted in a criminal
proceeding for submitting false or fraudulent bills that are
part of a claim for reimbursement under section 115C.09. The
board may, in addition, impose one or more of the sanctions in
paragraph (c).
(b) The board may impose sanctions under paragraph (c) on a
consultant or contractor for any of the following reasons:
(1) engaging in conduct that departs from or fails to
conform to the minimal standards of acceptable and prevailing
engineering, hydrogeological, or other technical practices
within the reasonable control of the consultant or contractor;
(2) participating in a kickback scheme prohibited under
section 115C.045;
(3) engaging in conduct likely to deceive or defraud, or
demonstrating a willful or careless disregard for public health
or the environment;
(4) commission of fraud, embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, receiving stolen property, making false claims, or
obstruction of justice; or
(5) revocation, suspension, restriction, limitation, or
other disciplinary action against the contractor's or
consultant's license or certification in another state or
jurisdiction; or
(6) if the person is a consultant, failure to comply with
any of the ongoing obligations for registration as a consultant
in subdivision 1, paragraph (a).
(c) The board may impose one or more of the following
sanctions:
(1) remove a consultant or contractor from the registration
list for up to five years;
(2) publicly reprimand or censure the consultant or
contractor;
(3) place the consultant or contractor on probation for a
period and upon terms and conditions the board prescribes;
(4) require payment of all costs of proceedings resulting
in an action instituted under this paragraph; or
(5) impose a civil penalty of not more than $10,000, in an
amount that the board determines will deprive the consultant or
contractor of any economic advantage gained by reason of the
consultant's or contractor's conduct or to reimburse the board
for the cost of the investigation and proceeding.
(d) In deciding whether a particular sanction is
appropriate, the board must consider the seriousness of the
consultant's or contractor's acts or omissions and any
mitigating factors.
(e) Civil penalties recovered by the state under this
section must be credited to the account.
Sec. 11. Minnesota Statutes 1994, section 115C.12, is
amended to read:
115C.12 [APPEAL OF REIMBURSEMENT DETERMINATION.]
Subdivision 1. [APPEAL FROM DETERMINATION OF COMMISSIONER
OF COMMERCE.] (a) A person may appeal to the board within 90
days after notice of a reimbursement determination made under
section 115C.09 by submitting a written notice setting forth the
specific basis for the appeal.
(b) The board shall consider the appeal within 90 days of
the notice of appeal. The board shall notify the appealing
party of the date of the meeting at which the appeal will be
heard at least 30 days before the date of the meeting.
(c) The board's decision must be based on the written
record and written arguments and submissions unless the board
determines that oral argument is necessary to aid the board in
its decision making. Any written submissions must be delivered
to the board at least 15 days before the meeting at which the
appeal will be heard. Any request for the presentation of oral
argument must be in writing and submitted along with the notice
of appeal. An applicant for reimbursement may appeal to the
board a reimbursement determination made by the commissioner of
commerce under authority delegated by the board according to
section 115C.09, subdivision 10. The commissioner of commerce
shall send written notification of the reimbursement
determination by first class United States mail to the applicant
for reimbursement at the applicant's last known address. The
applicant for reimbursement must file written notice with the
board of an appeal of a reimbursement determination made by the
commissioner of commerce within 60 days of the date that the
commissioner of commerce sends written notice to the applicant
of the reimbursement determination. The board shall consider
the appeal within 90 days of receipt of the written notice of
appeal by the applicant for reimbursement.
Subd. 2. [APPEAL FROM DECISION OF THE BOARD.] (a) An
applicant for reimbursement may appeal a reimbursement
determination of the board as a contested case under chapter
14. An applicant for reimbursement must provide written
notification to the board of a request for a contested case
within 30 days of the date that the board makes a reimbursement
determination.
(b) This subdivision applies to reimbursement
determinations made by the board as a result of an appeal to the
board under subdivision 1 and reimbursement determinations made
by the board when the board has not delegated its authority to
make reimbursement determinations.
Sec. 12. Minnesota Statutes 1994, section 115C.13, is
amended to read:
115C.13 [REPEALER.]
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04,
115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09,
115C.092, 115C.10, 115C.11, and 115C.12, are repealed effective
June 30, 2000.
Sec. 13. [116.481] [MONITORING.]
Subdivision 1. [MEASUREMENT OF TANK CAPACITY.] (a) By
September 1, 1996, all aboveground tanks of 2,000 gallons or
more used for storage and subsequent resale of petroleum
products must be equipped with:
(1) a gauge in working order that shows the current level
of product in the tank; or
(2) an audible or visual alarm which alerts the person
delivering fuel into the tank that the tank is within 100
gallons of capacity.
(b) In lieu of the equipment specified in paragraph (a),
the owner or operator of a tank may use a manual method of
measurement which accurately determines the amount of product in
the tank and the amount of capacity available to be used. This
information must be readily available to anyone delivering fuel
into the tank prior to delivery. Documentation that a tank has
the available capacity for the amount of product to be delivered
must be transmitted to the person making the delivery.
Subd. 2. [CONTENTS LABELED.] (a) By December 1, 1995, all
aboveground tanks governed by this section must be numbered and
labeled as to the tank contents, total capacity, and capacity in
volume increments of 500 gallons or less.
(b) Piping connected to the tank must be labeled with the
product carried at the point of delivery and at the tank inlet.
Manifolded delivery points must have all valves labeled as to
product distribution.
Subd. 3. [SITE DIAGRAM.] (a) All tanks at a facility shall
be shown on a site diagram which is permanently mounted in an
area accessible to delivery personnel. The diagram shall show
the number, capacity, and contents of tanks and the location of
piping, valves, storm sewers, and other information necessary
for emergency response, including the facility owner's or
operator's telephone number.
(b) Prior to delivering product into an underground or
aboveground tank, delivery personnel shall:
(1) consult the site diagram, where applicable, for proper
delivery points, tank and piping locations, and valve settings;
(2) visually inspect the tank, piping, and valve settings
to determine that the product being delivered will flow only
into the appropriate tank; and
(3) determine, using equipment and information available at
the site, that the available capacity of the tank is sufficient
to hold the amount being delivered.
Delivery personnel must remain in attendance during delivery.
Subd. 4. [CAPACITY OF TANK.] A tank may not be filled from
a transport vehicle compartment containing more than the
available capacity of the tank, unless the hose of the transport
vehicle is equipped with a manually operated shut-off nozzle.
Subd. 5. [EXEMPTION.] Aboveground and underground tanks
located at refineries, pipeline terminals, and river terminals
are exempt from this section.
Sec. 14. [EFFECTIVE DATE.]
Sections 2 and 5, paragraph (a), are effective retroactive
to June 4, 1987. Section 5, paragraphs (c) to (k), section 7,
and section 8, subdivision 4, are effective the day following
final enactment. Section 10 is effective January 1, 1996. All
other sections are effective August 1, 1995. Sections 1 and 8
apply only to preremoval site assessments begun on or after
August 1, 1995.
ARTICLE 2
Section 1. Minnesota Statutes 1994, section 88.171,
subdivision 2, is amended to read:
Subd. 2. [PROHIBITED MATERIALS.] No person shall conduct,
cause, or permit open burning of oils, rubber, plastics,
chemically treated materials, or other materials which produce
excessive or noxious smoke including, but not limited to, tires,
railroad ties, chemically treated lumber, composite shingles,
tar paper, insulation, composition board, sheetrock, wiring,
paint, or paint filters. Except as specifically authorized by
the commissioner of the pollution control agency as an emergency
response to an oil spill, no person shall conduct, cause, or
permit open burning of oil.
Sec. 2. Minnesota Statutes 1994, section 115E.01, is
amended by adding a subdivision to read:
Subd. 3a. [DAMAGES.] "Damages" means damages of any kind
for which liability may exist under the laws of this state
resulting from, arising out of, or related to the discharge or
threatened discharge of hazardous substances or oil.
Sec. 3. Minnesota Statutes 1994, section 115E.01, is
amended by adding a subdivision to read:
Subd. 11a. [RESPONSE AREA.] "Response area" means the area
designated by the federal on-scene coordinator, the commissioner
of the pollution control agency, or the commissioner of
agriculture in which response to a discharge is occurring.
Sec. 4. Minnesota Statutes 1994, section 115E.01, is
amended by adding a subdivision to read:
Subd. 11b. [RESPONSE COSTS.] "Response costs" means the
costs of response that are incurred after a discharge of oil or
hazardous substances has occurred, or, where there is a
substantial threat of discharge of oil or hazardous substances,
the costs to prevent, minimize, or mitigate a discharge.
Sec. 5. Minnesota Statutes 1994, section 115E.01, is
amended by adding a subdivision to read:
Subd. 11c. [RESPONSIBLE PARTY.] "Responsible party" means
a responsible party as defined in section 1001 of the Oil
Pollution Act of 1990.
Sec. 6. Minnesota Statutes 1994, section 115E.04,
subdivision 2, is amended to read:
Subd. 2. [TIMING.] (a) A person required to be prepared
under section 115E.03, other than a person who owns or operates
a motor vehicle, rolling stock, or a facility that stores less
than 250,000 gallons of oil or a hazardous substance, shall
complete the response plan required by this section by March 1,
1993, unless one of the commissioners orders the person to
demonstrate preparedness at an earlier date under section
115E.05. Plans must be updated every three years. Plans must
be updated before three years following a significant discharge,
upon significant change in vessel or facility operation or
ownership, upon significant change in the national or area
contingency plans under the Oil Pollution Act of 1990, or upon
change in the capabilities or role of a person named in a plan
who has an important response role.
(b) A person who owns or operates a motor vehicle, rolling
stock, or a facility that stores less than 250,000 gallons of
oil or a hazardous substance shall complete the response plan
required by this section by January 1, 1994.
(c) Plans required under section 115E.04 or 115E.045 must
be updated every three years. Plans must be updated before
three years following a significant discharge, upon significant
change in vessel or facility operation or ownership, upon
significant change in the national or area contingency plans
under the Oil Pollution Act of 1990, or upon change in the
capabilities or role of a person named in a plan who has an
important response role.
Sec. 7. Minnesota Statutes 1994, section 115E.06, is
amended to read:
115E.06 [GOOD SAMARITAN.]
(a) A person listed in this paragraph who is rendering
assistance in response to a discharge of a hazardous substance
or oil is not liable for response costs that result from actions
taken or failed to be taken in the course of the assistance
unless the person is grossly negligent or engages in willful
misconduct:
(1) a member of a cooperative or community awareness and
emergency response group in compliance with standards in rules
adopted by the pollution control agency;
(2) an employee or official of the political subdivision
where the response takes place, or a political subdivision that
has a mutual aid agreement with that subdivision;
(3) a member or political subdivision sponsor of a
hazardous materials incident response team or special chemical
assessment team designated by the commissioner of the department
of public safety;
(4) a person carrying out the directions of: (i) the
commissioner of the pollution control agency, the commissioner
of agriculture, the commissioner of natural resources, or the
commissioner of public safety; or (ii) the United States Coast
Guard or Environmental Protection Agency on-scene coordinator
consistent with a national contingency plan under the Oil
Pollution Act of 1990; and
(5) a for-hire response contractor.
(b) This section does not exempt from liability responsible
persons with respect to the discharge under chapter 115B or 115C
or responsible parties with respect to the discharge under
chapter 18B or 18D.
Sec. 8. Minnesota Statutes 1994, section 115E.061, is
amended to read:
115E.061 [RESPONDER IMMUNITY; OIL DISCHARGES.]
(a) Notwithstanding any other law, a person identified in
section 115E.06, paragraph (a), who is rendering care,
assistance, or advice in response to a discharge or threat of
discharge of oil is not liable for response costs or damages
that result from actions taken or failed to be taken in the
course of rendering the care, assistance, or advice in
accordance consistent with the national contingency plan under
the Oil Pollution Act of 1990, or as otherwise directed by the
federal on-scene coordinator, the commissioner of the pollution
control agency, the commissioner of agriculture, the
commissioner of natural resources, or the commissioner of public
safety.
(b) Paragraph (a) does not apply:
(1) to a responsible person under chapter 115B or 115C
party;
(2) with respect to personal injury or wrongful death; or
(3) if the person rendering assistance is grossly negligent
or engages in willful misconduct; or
(4) to a discharge that occurs outside the response area or
after the response.
(c) Nothing in this section relieves a responsible party
from liability the responsible party otherwise has for the
initial discharge or threat of discharge that necessitated the
response.
(d) Nothing in this section relieves a responsible party
from the following duties:
(1) to take steps to prevent discharges under section
115E.02;
(2) to be prepared for discharges under section 115E.03,
subdivision 1; or
(3) duties under section 115.061.
(e) A responsible party is liable for any response costs
and damages that another person is relieved of under paragraph
(a).
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 8 are effective the day following final
enactment.
Presented to the governor May 23, 1995
Signed by the governor May 25, 1995, 8:46 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes