115B.402 ILLEGAL ACTIONS AT QUALIFIED FACILITIES.
The commissioner may recover under section
115B.17, subdivision 6, that portion of the
costs of response actions at any qualified facility attributable to a person who otherwise would
be responsible for the release or threatened release under section
115B.03, and whose actions
related to the release or threatened release were in violation of federal or state hazardous waste
management laws in effect at the time of those actions. The commissioner's determination of the
portion of the costs of a response action attributable to a person under this section, based on
the volume and toxicity of waste in the facility associated with the person and other factors
reasonably related to the contribution of the person to a release or threatened release, is prima
facie evidence that those costs are attributable to the person.
History: 1994 c 639 art 1 s 4