HomeMy WebLinkAbout6.a. Land Recycling Act - Proposed LegislationCITY OF ROSEMOUNT
EBECUTIQE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: MARCH 2, 1992
Councilmember Klassen has brought to our attention the information
regarding the proposed legislation being supported by Attorney General
Humphrey. This legislation, know as the Land Recycling Act, provides for
certain legal protection and financial assistance programs for parties
which purchase and develop contaminated or polluted land.
Since this legislation falls in line with and by nature of its basis
supports other legislation we are also developing for the use of Tax
Increment Funds for pollution cleanup. I would recommend that the council
take action to support this legislation.
RECOMMENDED ACTION:
Motion to adopt A RESOLUTION IN SUPPORT OF THE LEGISLATION "THE LAND
RECYCLING ACT", and to request support of this legislation by Dakota
County Legislators.
COUNCIL ACTION:
AGENDA SECTION:
NEW BUSINESS
AGENDA ITEM: LAND RECYCLING ACT -
PROPOSED LEGISLATION
PREPARED BY: STEPHAN JILK, CITY ADMINISTRATOR
AGENDA MM # 6A
ATTACHMENTS: MEMO, LEGISLATION INFORMATION,
RESOLUTION
APP D
Councilmember Klassen has brought to our attention the information
regarding the proposed legislation being supported by Attorney General
Humphrey. This legislation, know as the Land Recycling Act, provides for
certain legal protection and financial assistance programs for parties
which purchase and develop contaminated or polluted land.
Since this legislation falls in line with and by nature of its basis
supports other legislation we are also developing for the use of Tax
Increment Funds for pollution cleanup. I would recommend that the council
take action to support this legislation.
RECOMMENDED ACTION:
Motion to adopt A RESOLUTION IN SUPPORT OF THE LEGISLATION "THE LAND
RECYCLING ACT", and to request support of this legislation by Dakota
County Legislators.
COUNCIL ACTION:
(Pity Of Rosemount
2875 . 145th Street West, Rosemount, Minnesota MAYOR
PHONE (612) 423.4411 Edward B. McMenOmy
FAX (612) 4235203 Mailing Address:
P.O. Box 510, Rosemount, Minnesota 55068.0510 COUNCILMSheila Klassenassen
James (Red) Steals
Harry Willcox
Dennis Wippermann
ADMINISTRATOR
TO:
Councilmember Klassen Stephen Jilk
FROM Stephan Jilk, City Administrator
DATE: February 26, 1992
RE: Land Recycling Act
Attorney General Proposal
In my review of the information provided on this draft
legislation I would suggest that is in our best interest to
support it. What the Attorney General is recommending seems to
support the special legislation several cities are proposing and
one which Mr. Ozment has also shown interest in supporting. That
is the new version of the Tax Increment legislation we worked on
last year and which is being considered this year.
I am preparing a resolution of support for the Attorney General's
proposal and will have it on the agenda for Monday evening.
ij
&verrylhivngs doming (Up RosemounlP
February 16, 1992
To: Steve Jilk, City Administrator �(
From: Sheila Klassen, Councilmember
Re: Redevelopment of contaminated properties
Steve, attached is a press release and summary of the Land Recycnng Act ithis n on I
proposed this legislative session by the Attorney General. Based o
can see where this Act could possibly be of some benefit to Rosemount. Perhaps we
should track this one through the session, ask Rep. Ozment and Senator Pariseau to
look into it and/or lend our support to it by way of a resolution or testimony. Let me
know what you think.
cc: Mayor, Councilmembers
Port Authority Commissioners
HUB ERT H. HL. IPHREY, III
,MRVEA• GENERAL
STATE OF MINNESOTA
OFFICE OF THE ATTORNEY GENERAL
: STATE C WITOL
CALL. \i[
TELEPHONE: 1611)
"ACSI\11LE: ARI.) 29'jl"
CONTACT: Pat Milan
FOR IMMEDIATE RELEASE MaryKay Miila
February 5, 1992 (612) 296-6196
HUMPHREY PROPOSES'ZA" RECYCLING ACT'
Proposal Encourages the Cleanup and
Redevelopment of Contaminated Properties
(St. Paul, ltZN)
- Attorney General Hubert Humphrey III today announced a
legislative proposal designed to encourage the clean-up and redevelopme
Land
nt of
contaminated properties in Minnesota. Hump
hrey s initiative, titled
Recycling Act of `1992", will provide state assistance and limit Superfund liability
Recy g and redevelop real estate that was
for developers and lenders that clean up of the Minnesota.
previously contaminated. The legislation has the support
Pollution Control Agency, key legislators, and environmental organizations.
"The legislation will stimulate developers to clean-up pollution and redevelop
gain," said
economically dead sites that might never have been productive a
Humphrey. "In essence, we're encouraging developers to recycle land through
clean-ups and new development. We're saying
that in exchange for cleaning up
contaminated land and redeveloping that property, the state will promise not to
u other sources of pollution that you did not create." Under the
force you to dean -up
proposed law, previous land owners or other persons who polluted the property
would still be liable for any future dean -up.
"Too often, environmental protection and economic development are portrayed
as conflicting goals," " Humphrey said. "This proposal demonstrates that we don't
have to trade-off a clean environment for economic development. Equally
important, it promotes the reuse of urban properties rather than
expansion into farmland, forests, and other undeveloped areas."
-MORE
Land Recycling Act of 1992
February 7, 1992
Page 2
Specifically, Humphrey's proposed legislation will:
• Protect developers (who are not otherwise responsible for contamination)
from Superfund clean-up liability for contamination that they clean-up
following an 1VIPCA-approved clean-up plan;
• Protect developers from clean-up liability for other contamination
remaining on a property after the initial clean up that is necessary to
build the project. The developer must agree to cooperate with the MPCA
on any additional clean up of remaining contamination;
• Protect lenders and purchasers involved in a clean-up/development project
from Superfund liability; and,
• Provide additional MPCA staff and technical resources to review
additional clean up plans that result from the new legislation. The cost of
providing State assistance must be paid by the parties requesting it so
that State expenditures for assistance are recovered from those who
benefit from it.
The Land Recycling Act of 1992 is a direct extension of 1988 legislation
initiated by Humphrey which created the Property Transfer Program within
Superf ind. That program has allowed MPCA staff to assist owners and developers
in identifying- and cleaning up contamination on more than 180 properties to
encourage sales and financing.
In recent months, the Attorney General and MPCA have worked out written
agreements with some developers and lenders to test the clean up/redevelopment
concept. These pilot projects are leading to the redevelopment of several prime real
estate sites whose redevelopment was jeopardized because of contamination. (See
attached list.) The "Land Recycling Act" will streamline the process and put into
law the protections that were used in the pilot projects and build on their success.
Senator Ted Mondale, St. Louis Park, and Representative Jean Wagenius,
Minneapolis, will be chief authors of the legislation and are expected to introduce
the bill when the legislature reconvenes on February 17.
-30-
3i
STATE OF MINNESOTA
OFFICE OF THE ATTORNEY GENERAL
HUBERT H. HUMPHREY, III
vTTOR4'EY GE\ERAL
C STATE c' VITOL
PAI. L. t1V .:!<s
Ti'LEPHOXE* (61:''.9"196
aC51 MLE: 1 12129'41"
ATTORNEY GENERAL'S PROPOSED' RECYCLING ACT'
I. SUPERFUND LIABILITY PROTECTION
The legislation provides statutory protection from
Superfund/Clean-up liability for parties not responsible for
contamination who voluntarily perform an N TCA clean-up plan
a. Parties will be able to obtain protection from all clean-up
liability if they clean-up that portion of the contamination
affected by the project and agree to cooperate with MPCA
when remaining contamination is cleaned up.
b. Liability protection will apply to others involved in the project
such as lenders and purchasers of the property.
c. The new provision prevents purchasers, developers and
lenders who voluntarily clean-up work from exposure to
Superfund liability without modifying or weakening the
existing liability statute that is largely responsible for
Minnesota's successful clean-up program..
IL ADDITIONAL MPCA STAFF/TECIIINICAL ASSISTANCE
a. The legislation provides additional staff and technical
resources to the MPCA Property Transfer Program to meet
the increasing needs for technical assistance to identify
pollution and develop clean-up plans.
-MORE-
Humphrey Environment Legislation
February 5, 1992
Page 2
b. Parties requesting MPCA help must pay the full cost of state
assistance.
III. EXPANDED MPCA COMMISSIONER AUTHORITY
The legislation expressly authorizes the MPGA commissioner to
issue "no action" determinations under the State Superfund law to
persons who own contaminated property where the source of
contamination originates from other property if,
• the owner of the contaminated property agrees to cooperate
with any necessary clean-up actions; and,
• the owner of the contaminated property agrees to avoid any
activities that contribute to the contian.
Owners of these properties who need assurance about potential
liability in order to sell, develop, or finance their property will be
able to obtain it under these provisions.
-30-
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1992 -
A RESOLUTION IN SUPPORT OF THE 1992 LEGISLATION
KNOWN AS THE "LAND RECYCLING ACT"
WHEREAS, Attorney General Skip Humphrey has presented certain
legislation for consideration by the 1992 Minnesota State
Legislature; and
WHEREAS, this legislation would provide certain financial and
legal incentives to property owners and developers which would
assist in developing certain contaminated and polluted
properties; and
WHEREAS, these incentives may provide for many such sites in
Minnesota to be cleaned up and developed and put to positive
beneficial use; and
WHEREAS, there are such sites in the City of Rosemount and
assistance in the form proposed is of a positive and beneficial -
nature which may cause these sites to be cleaned up and
developed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Rosemount hereby supports the "Land Recycling Act" as proposed
by Attorney General Skip Humphrey and asks the Minnesota State
Legislature to approve the legislation to adopt this Act.
Adopted this 2nd day of March, 1992.
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor•
Voted against:
HOUSE
H. F.
SUBJECT
AUTHORS:
COMMITTEE:
ANALYST:
RESEARCH
Bill Summary
(Bill Draft)
S.F.
Land Recycling Act --Liability for Voluntary Environmental Cleanups
Wagenius
Legislative Commission on Waste Management
Linda S. Taylor 296-8961
DATE: February 16, 1992
[OVERVIEW: The bill exempts from Superfund liability persons who are not
otherwise liable and who voluntarily undertake full or partial cleanup of
contamination under agreement with and supervision of the Commissioner of
the Pollution Control Agency (PCA).
This bill also adopts the current administrative policy of not seeking to
impose Superfund liability on property owners located near the source of
environmental contamination as long as they cooperate in cleanup
activities and do nothing to make the contamination worse.]
Section 1. Superfund Investigations. Clarifies that a person who investigates
environmental contamination in cooperation with the commissioner of the PCA does not
become associated with the contamination for the purpose of imposing Superfund liability
on the person solely because of the investigation.
Se-. 2. Voluntary Response Actions; Liability Protection; Procedures.
Subdivision 1. Protection From Liability; Scope. A person who is not otherwise
responsible to clean up environmental contamination under Superfund and who voluntarily
undertakes to clean up all or a specified portion of the contamination does not become
liable under Superfund for the contamination.
Effect: This provision makes sure that a volunteer who acts under a formal agreement
with the Commissioner of the PCA (Commissioner) to clean up all or a portion of
contamination on property will not be subject to the strict, joint and several liability
provisions of Superfund that are applied to those responsible for the contamination if the
volunteer follows the provisions of this section
..i o ..,. .....,a„mac ann Ci,n1c f1fftf-o Ririldinn
Land Recycling Act
r
Page 2
Subd. 2. Partial Response Action Plans; Criteria. Authorize the Commissioner
to approve a voluntary response action plan (plan) that includes only a partial cleanup of
the contamination if:
(1) the plan requires actions necessary to carry out the proposed development or
future use of the property while protecting public health and welfare and the environment.
(2) the actions to be taken under the plan will not aggravate or increase the cost of
cleaning up the remaining contamination; and
(3) the owner of the property agrees to cooperate with future cleanup efforts,
including allowing access to the property and placement of structures or fixtures on the
property for those cleanups.
Note: A response action plan under current law is the formal document that is proposed by
a person who is going to respond to the presence of contamination. The Commissioner
must approve this plan In this context "respond" or "response" means removing or
remediating contamination on property to protect the public and the environment
"Response action" includes such actions as testing, monitoring, removal, containment,
prevention, neutralization, diversion and similar actions to control or clean up
contamination.
Subd. 3. Submission and Approval of Voluntary Response Action Plans. A plan
is to be submitted to the PCA under its Property Transfer Program, which can provide
assistance to review it and supervise work done under it
A plan must meet the requirements of a regular response action plan to protect the public
and the environment
The commissioner may include in an approval of a plan a statement that on certification of
completion of the plan, the person submitting the plan will receive the liability protection of
this section.
Subd. 4. Association With the Release. Persons who clean up contamination
under a plan do not associate themselves with the contamination for the purpose of
imposing liability on them under Superfund.
Subd. 5. Certification of Completion. The Commissioner must certify completion
of response actions and if the plan allows for partial cleanup, the certificate of completion
must include agreement by the owner and operator of the property to cooperate and not
interfere with future cleanup actions.
Subd. 6. Persons Protected From Liability. After certification of completion of
response actions, the protection from Superfund liability granted under this section extends
to the person who undertook and completed the response actions and:
Lan:, Recycling Act Page 3
(1) an owner of the identified property or operator of a facility on the property who
is not otherwise liable under Superfund;
(2) a lender who provides financing for the response actions, purchase of the
property, or operation of a facility on the property; and
(3) a successor or assign of any of the above.
Note: ane protection from liability extends to future property owners, operators of
facilities on the property, and future lenders or successors in interest to original lenders.
Subd. 7. Persons Not Protected From Liability. The liability protection does not
apply to:
(1) a person who aggravates or contributes to contamination not remedied under the
Plan
(2) a person listed in Subdivision 6 who was liable under Superfund for the
contamination prior to the response actions taken under the plan; or
(3) a person who fraudulently obtains a voluntary response action plan or knows the
plan was fraudulently obtained
Subd. 8. Other Rights and Authorities Not Affected. This section does not affect
the operation of Superfund except by its specific terms.
Sec. 3. Liability of Land Owners near Contaminated Property. Provides statutory
authority for the commissioner of the PCA to determine or enter agreements not to seek
recovery of Superfund costs from persons who own property that is near or affected by
contamination that originates on other property.
Land owners must still cooperate with cleanup activities, allow PCA staff access to their
property if necessary, and avoid making the contamination worse.
A determination or agreement made by the commissioner under this section extends to
future owners of the property to which it applies and persons who lend money for the
property to which it applies and persons who lend money for the property or development
of the property.
Note: This section places in statute the current "good neighbor policy" adopted by the
PCA board on February 27, 1990. Under section 5 it applies retroactively to determinations
and agreements made prior to its effective date.
Sec. 4. PCA Complement and Appropriation. Increases the staff complement of and
appropriation to the PCA in the Property Transfer Program in order to provide the
assistance and oversight required in the bill.
Land Recycling Act
Page 4' -
Note: The statute authorizing the Property Transfer Program requires that the Program bill
its services to users; the appropriation is designed to match the increased revenue from
billing users.
Sec. 5. Short Title. "The Land Recycling Act of 1992."
Sec. 6. Effective Date; Application. The bill is effective immediately. Section 3 applies
to agreements made prior to the effective date of the bill.
32/15/92 (REVISOR ) CMR/LS 92-4126
1 A bill for an act
2 relating to the environment; providing protection from
3 liability for releases of hazardous substances to
4 persons not otherwise liable who undertake and
5 complete cleanup actions under an approved cleanup
6 plan; providing for submission and approval of cleanup
7 plans and supervision of cleanup by the commissioner
8 of the pollution control agency; authorizing the
9 commissioner of the pollution control agency to issue
10 determinations or enter into agreements with property
11 owners near the source of releases of hazardous
12 substances regarding future cleanup liability;
13 appropriating money amending Minnesota Statutes 1990,
14 section 115B.17, subdivision 14; proposing coding for
15 new law in Minnesota Statutes, chapter 1158.
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
17 Section 1. Minnesota Statutes 1990, section 1158.17,
18 subdivision 14, is amended to read:
19 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND
20 OVERSIGHT.] (a) The commissioner may, upon request, assist a
21 person in determining whether real property has been the site of
22 a release or threatened release of a hazardous substance,
23 pollutant, or contaminant. The commissioner may also assist in,
24 or supervise, the development and implementation of reasonable
25 and necessary response actions. Assistance may include review
26 of agency records and files, and review and approval of a
27 requester's investigation plans and reports and response action
28 plans and implementation.
29 (b) The person requesting assistance.under this subdivision
30 shall pay the agency for the agency's cost, as determined by the
�2"9? V--Z6✓J
1 commissioner, of providing assistance. Money received by the
2 agency for assistance under this section must be deposited in
3 the environmental response, compensation, and compliance fund.
4 (c) When a Derson investicates a release or threatened
5 release in accordance with an investication plan anDroved by the
6 commissioner under this subdivision, the investication does not
7 associate that person with the release or threatened release for
8 the purpose of section 1158.03, subdivision 3, oaracraph (d).
9 Sec. 2. (115B.175) [VOLUNTARY RESPONSE ACTIONS; LIABILITY
10 PROTECTION; PROCEDURES.)
11 Subdivision 1. [PROTECTION FROM LIABILITY; SCOPE.) (a)
12 Subject to the provisions of this section, a person who is not
13 otherwise responsible under sections 115B.01 to 115B.18 for a
14 release or threatened release will not be responsible under
15 those sections for the release or threatened release if the
16 person undertakes and completes response actions to remove or
17 remedy all releases and threatened releases at an identified
18 area of real property in accordance with a voluntary response
19 action plan approved by the commissioner.
20 (b) The liability protection provided under this
21 subdivision applies to releases or threatened releases at the
22 identified property that are not required to be removed or
23 remedied by the approved voluntary response action plan if the
24 requirements of subdivision 2 are met.
25 (c) The liability protection provided under this section
26 does not apply to a release or threatened release that is not
27 identified in the approved voluntary response action plan or a
28 release that begins after the completion of response actions
29 required by the plan.
30 Subd. 2. (PARTIAL RESPONSE ACTION PLANS;; CRITERIA FOR
.31 APPROVAL.) ja) The commissioner may approve a voluntary response
32 action plan submitted under this section that does not require
33 removal or remedy of all releases and threatened releases at an
34 identified area of real Drooerty if the commissioner determines
35 that all of the following criteria have been met:
36 (1) if reuse or development of the property is proposed,
2
02/15/92
[ REVISOR ] CMR/LS
9i:J4" V:1 L
1 the voluntary response action plan provides for all response
2 actions required to carry out the proposed reuse or development
3 in a manner that protects public health and welfare and the
4 environment;
5 (2) the response actions and the activities associated with
6 anv reuse or development proposed for the oronerty will not
7 acaravate or contribute to releases or threatened releases that
8 are not required to be removed or remedied under the voluntary
9 response action plan, and will not interfere with or
10 substantiallv increase the cost of response actions to address_
11 the remaininc releases or threatened releases; and
12 (3) the owner of the proDertv`acrees to cooperate with the
13 commissioner or other persons acting at the direction of the
14 commissioner in taking response actions necessary to address
15 remaining releases or threatened releases, and to avoid any
16 action that interferes with the response actions.
17 (b) Under Daracraph (a), clause (3), an owner may be
18 required to scree to anv or all of the following terms necessary
19 to carry out response actions to address remainina releases or
20 threatened releases:
21 (1) to provide access to the property to the commissiorar
22 and the commissioner's authorized representatives;
23 (2) to allow the commissioner, or persons _acting at the
24 direction of the commissioner, to undertake activities at the
25 property including placement of borings, wells, equipment, and
26 structures on the property; and
27 (3) to grant easements or other interests in the oroperty-
28 to the aaencv for anv of the purposes provided in clause (1) or
29 (2).
30 (c) An agreement under paragraph (a), clause (3), must
31 aDDly to and be binding upon the successors and assicns of the
32 owner. The owner shal_ record the acreement with the title of
33 the real property if requested by the commissioner.
34 Subd. 3 (SUBMISSION AND APPROVAL OF VOLUNTARY RESPONSE
35 ACTION PLANS.) (a) A person shall submit a voluntary response
36 action plan to the commissioner under section 1158.17,
:EVISOR j CMR/LS
1 subdivision 14. The commissioner TAy provide assistance to
2 review voluntary response action plans or supervise response
3 action implementation under that subdivision.
4 (b) Response actions required in a voluntary resoonse
5 action plan under this section must meet the same standards for
6 protection of public health and welfare and the environment that
7 apply to response actions taken or requested under -section
8 115B.17, subdivision 1 or 2.
9 (c) When the commissioner approves a voluntary response
10 action plan, the commissioner may include in the approval an
11 acknowledament that, upon certification of completion of the
12 resr)onse actions as provided in subdivision 5, the person
13 submitting the plan will receive the protection from liability
14 provided under this section.
15 Subd. 4. [PERFORMANCE OF RESPONSE ACTIONS DOES NOT
16 ASSOCIATE PERSONS WITH RELEASE.] Persons specified in
17 subdivision 6 do not associate themselves with any release or
18 threatened release identified in an aporoved voluntary response
19 action plan for the purpose of section 115B.03, subdivision 3,
20 paragraph (d), as a result of performance of the response
21 actions reQuired in accordance with the plan and the direction
22 of the commissioner. This subdivision does not apply to a
23 person specified in subdivision 7 Nothing in this section
24 relieves a person of any liability for failure to exercise due
25 care in performing a response action
26 Subd. 5. (CERTIFICATION OF COMPLETION OF RESPONSE
27 ACTIONS.) (a) Response actions taken under an approved voluntary
28 response action plan are not completed until the commissioner
29 certifies completion in writinc.
30 b Certification of completion of response actions taken
31 under a voluntary response action plan that does not require
32 removal or remedy of all releases and threatened releases is
33 subiect to compliance by the owner, and the owner's successors
34 and assigns, with the terms of the acreement required under
35 subdivision 2, paragraph (a), clause (3).
36 Subd. 6. (PERSONS PROTECTED FROM LIABILITY.) In addition
Y
. -{d12 6� U
02/..5/92 (REVISOR J CMR /L S
1 to the person who undertakes and completes response actions, and
2 subject to the provisions of subdivision 7, the liability
3 protection provided by this section applies to the following
4 oersons when the commissioner issues the certificate of
5 completion of response actions under subdivision 5:
6 (1) the owner of the identified Droperty, if the owner is
7 not responsible for anv release or threatened release identified
8 in the aoDroved •-oluntary response action Dlan;
9 (2) a person providing financing to the person who
10 undertakes and completes the response actions, or who acquires
11 or develops the identified Droperty; and
12 •(3) a successor or assign of any person to whom the
13 liability protection applies.
14 Subd 7. (PERSONS NOT PROTECTED FROM LIABILITY.) The
15 orotection from liability provided by this section does not
16 apply to:
17 (1) a person who acaravates or contributes to a release or
18 threatened release that was not remedied under an aoprcved
19 voluntary response action olan;
20 (2) a person who was responsible under sections 115B.01 to
21~ 115B.18 for a release or threatened release identified in the
22 aoDroved voluntary response action Dlan before taking an action
23 that would have made the Derson subject to the protection under
24 subdivision 6; or
25 (3) a person who obtains au-oroval of a voluntary response
26 action plan for purposes of this section by fraud or
27 misrepresentation, or by knowingly failing to disclose material
28 information, or who knows that approval was so ot-ained before
29 taking an action thatwouldhave made the person subject to the
30 protection under subdivision 6.
31 Subd. 8. [OTHER RIGHTS AND AUTHORITIES NOT
32 AFFECTED.] Nothing in this section affects the authority of the
33 agency or commissioner to exercise any powers or duties under
34 this chaoter or other law with respect to any release or
35 threatened release, or the right of the agency, the
36 corrmissioner, or anv other person to seek any relief available
5
J2/15/92
REViSGR
1 under this chapter against any oarty who is not subject to the
2 liability protection provided under this section.
3 Sec. 3. (115B.177) [OWNER OF REAL PROPERTY AFFECTED BY
4 OFF-SITE RELEASE.)
5 Subdivision 1. [DETERMINATION OR AGREEMENT BY
6 COMMISSIONER.) (a) The commissioner ma issue a written
7 determination or enter into an agreement to take no action under
8 sections 115B.01 to 115B.18 against a person who owns real
9 property subject to a release of a hazardous substance, or
10 Pollutant or contaminant, if the commissioner finds that the
11 release originates from a source on adjacent or near
b real
12 property and that the person is not otherwise responsible for
13 the release.
14 b A determination issued or agreement entered into under
15 this section must be conditioned upon the following:
16 1 agreement by the person to allow entry upon the
17 ro erty to the commissioner and the authorized representatives
18 of the commissioner to take response actions to address the
19 release, including in aparopriate cases an agreement to Grant
20 easements to the state for that purpose;
21 2 agreement by the person to avoid any interference with
22 the response actions to address the release taken by or at the
23 direction of the agency or the commissioner, and to avoid
24 actions that contribute to the release;
25 3 invalidation of the determination or agreement if the
26 commissioner receives new informal'
�.on indicating that the
27 property owned by the person is a source of the release or that
28 the person is otherwise responsible for the release; and
29 (4) any other condition that the commissioner deems
30 reasonable and necessary to ensure that the agency and
31 commissioner can adequately respond to the release.
32 Subd. 2. [SCOPE AND EFFECT OF DETERMINATION OR
33 AGREEMENT.) (a) A determination issued or acreement entered into
34 under this section may extend to the successors and assigns of
35 the person to whom it originally applies, if the successors and
36 assigns are not otherwise responsible for the release and are
6
u2; 15/92 ;REVISOR ) CXR/LS `52=4126
1 bound by the conditions in the determination or agreement.
2 (b) Issuance of a determination or execution of an
3 aereement under this section does not affect the authority of
4 the acencv or commissioner to take anv response action under
5 sections 1158.01 to 115B.18 with respect to the release subject
6 to the determination or agreement, or to take administrative or
7 judicial action under those sections with respect to persons not
8 bound by the determination or agreement.
9 Sec. 4. (PROPERTY TRANSFER PROGRAM; POLLUTION CONTROL
10 AGENCY; COMPLEMENT AND APPROPRIATION.)
11 Subdivision 1. [COMPLEMENT.] The complement of the
12 pollution control acencv is increased by positions for the
13 purpose of orovidinc assistance under Minnesota Statutes,
14 section 1155.17, subdivision 14, including assistance to carry
15 out the orovisions of section 1.
16 Subd. 2. [APPROPRIATION.] 5....... is aDDropriated to the
17 pollution control acencv from the environmental resoonse,
18 comr)ensation, and compliance account for the biennium endine
19 June 30, 1993, for the purpose of providing assistance as
20 specified in subdivision 1.
21 Sec. 5. (SHORT TITLE.)
22 This act may be referred to as the "land recycling act of
23 1992."
24 Sec. 6. (EFFECTIVE DATE; APPLICATION.)
25 This act is effective the day following final enactment.
26 Section 3 applies to a determination issued or an agreement
27 entered into by the commissioner of the oollution control acencv
28 prior to its effective date if the determination or agreement
29 meets the requirements of that section.
7