Laserfiche WebLink
(b) A party prevailing in an action mm n -ed within the time required under <br />paragraph shall be entitled to a declaratory judgment of liability for all future <br />reasonable and necessary costs meurred by that party to respond to the release or <br />threatened release . *. <br />The availability of the tort -style damages avail l under Section 115 . 0 5 depend upon the <br />time of placement. Under Minn. Stat. § 11 .. , ` S ection. 11 B. 0 5 does not apply to any el aim for <br />damages arising out of the release of a hazardous substance which was placed. or carne to be located <br />in or on the facility wholly before July 1, 19 3 ." <br />`here are other provisions limiting the retroactivity of MERLA.. For example, Section <br />115B.15 provides: <br />Sections I I 5B.0 1 to 1 I5B. 1 apply to any yelease or threatened release of a <br />hazardous substance occurring on or after July 1, 1983; including any release which <br />began before July 1, 1983; and continued after that slate. Sections 1. 15B.0 1 to <br />115 B. 1 do not apply to a release or threatened re lease which occurred wholly before <br />,duly 1, 1983, regardless of the date of discovery of any injury or loss caused 'by the <br />release or threatened release. <br />Similarly, Section 11 . , subd. 6, states.: <br />Defense to certain claims by political subdivisions and private persons. It is a <br />defense to a claim by a private person for recover of the. costs of its response <br />actions under this section that the hazardous substance released. from the facility was <br />placed or came to be located in or on the facility before April 1, 1982, and that the <br />response actions of the political subdivision or private person were not authorized by <br />the. agency as provided. in section 11 5B. 1. ; subdivision 12. This defense applies only <br />to response costs incurred on or after ,duly 1, 1983. <br />Minn. Stat.. § 11 5B. 1 7, subd. 12 states that the MPCA mqy authorize a political subdivision to <br />undertake a. response action or a private party to undertake a removal action with respect to a p re- <br />April 1, 1982 hazardous substance release if the action qualifies. yes for- authorization under rules <br />developed under Minn. Stat. § 115 .1 , subd. 13. The MPCA's authorization rust be consistent <br />with this authorization criteria established under subdivision 1 . Subdivision. 12 does. not prohibit a <br />political subdivision or a private person from undertaking a removal or remedial action without <br />MPCA authorization. Presumably, however, such action would be done without the ability to <br />recover the costs from an RP. <br />The MPCA, under Minn. Stat. § 11 5B. 1 , subd. 13, is required to maintain rules <br />` establishing state criteria for determining priorities among releases and threatened releases." In <br />addition to promulgating the criteria for determining priorities, the MPCA is also to maintain a <br />Permanent List of Priorities L which reflects ` priorities among releases or threatened releases for <br />the purpose of taling remedial action. and, to the extent practicable consistent with the urgency of the <br />action, for taping removal action" under 1 Jinn, Stat. § 115 B. 1 . The MPCA is to modify the PLP <br />2 <br />