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2009_0720_Packet
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2009_0720_Packet
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(b} A party prevailing in an actian commenced within. the i�rtie required under <br />paragraph (a) shall be entitled to a declaratory j�dgment of liabi�ity for all future <br />reasonable and necessary costs incurred by that party to respond to th� release or <br />threatened release * * *. <br />The availability of the tort-style damages a�aiIable under Section 1 i SB.OS depend upon the <br />time of placement: Unc�er Minn. Sta.t. § 11 SB.06, "Section 115B.05 c�oes not apply to any claim for <br />darnages arising out ofthe release of a hazardous substance which was placed or came to be located <br />in or on the facility wholly be�ore July I, 1983." <br />There are other provisaons limiting t�ie retr�activiCy of MERLA. For example, S'ection <br />115B,15 provides: <br />Sectians 115B.01 to 115$.14 apply to any .release or threatened release o� a <br />hazardous substance accurring on or after July 1, 1983, including any release which <br />began before July 1, 1983; and continued after that date. Sections 115B.01 to <br />115B.14 cia not apply to a release or ti�u-eatened release which occurred wholly before <br />July 1, I 9$3, regardless of the date of ciiscovery of any injury ar Ioss caused by �he <br />release or threatened release: <br />SimilarIy, Section 115B.04, subd. 6, states: <br />Defense to certain claims by political subdivisions and private persons. It is a <br />def�nse to a claim by a*** private person for recover of the costs of its respons� <br />actions uncler this section that the hazard�us substance released. fro�n the facility was <br />placed or came ta be Iocated in or an the facility before April l, 1982, and that the <br />response actions ofthe poiitical subdivision or private person were nat autharized by <br />the agency as providecE in sectron 11 SB.17; subdivision 12. This defense applies only <br />to response costs incurred on or aft�r July 1, 1983. <br />Minn. Stat. § 115B.17, subd. 12 st�tes that the MPCA may authorize a political subdivision to <br />undertake a response action or a private party to undertak� a removal action with respect to a pre- <br />April 1, 1982 hazardous substance release if the action qual'ifies for authori�ation under rules <br />developed under Minn. Stat. § 11 SB.17, subd. 13. The MPCA's authorizaiion must be consistent <br />with this a�thorization criteria e�stablis�ed under subdivision 13. Subd�vrsion 12 does� not prohibi� a <br />political s�ubdivisian or a private person from undertal�ing a removal or rem�dial action without <br />MPCA authorization. Presumably, hovvever, such action wauld be done without the ability to <br />recover the costs from an RP. <br />The MPCA, under Minn. Stat. § 115B.17, subd. 13, is required to ma.rntain rules <br />"establishing state criteria for determining priorities among releases and threatened releases." In <br />adc�ition t� promulgating the criteria for determining priorities; the MP`CA is also to inaintain a <br />Permanent List of �'riarities (PLP} which reflects "priorities among releases or threatenec� releases far <br />the purpose aftaking remedial action anc�;. to tY�e extent practicable consistent with the urgency ofthe <br />action, far taking removal action" under Minn. Stat. § I 15B.17. The MPCA is to modify the PLP <br />:'� <br />
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