115E.01 DEFINITIONS. Subdivision 1. Scope. The definitions in this section apply to this chapter. Terms that are not defined have the meanings given in the Oil Pollution Act of 1990. Subd. 2. Agricultural chemical. “Agricultural chemical” has the meaning given in section 18D.01, subdivision 3. Subd. 3. Commissioners. “Commissioners” means the commissioner of public safety […]
115E.02 DUTY TO PREVENT DISCHARGES. A person who owns or operates a vessel or facility transporting, storing, or otherwise handling hazardous substances or oil or who is otherwise in control of hazardous substances or oil shall take reasonable steps to prevent the discharge of those materials in a place or manner that might cause pollution […]
115E.03 DUTY TO PREPARE FOR RESPONSE TO DISCHARGES. Subdivision 1. General preparedness. A person who owns or operates a vessel or facility transporting, storing, or otherwise handling hazardous substances or oil or who is otherwise in control of hazardous substances or oil shall be prepared at all times to rapidly and thoroughly recover discharged hazardous […]
115E.04 PREVENTION AND RESPONSE PLANS. Subdivision 1. Plan contents. Persons required to show specific preparedness under section 115E.03, subdivision 2, shall prepare and maintain a prevention and response plan for a worst case discharge. The plan must: (1) describe how it is consistent with the requirements of the national or area contingency plans developed under […]
115E.042 PREPAREDNESS AND RESPONSE FOR CERTAIN RAILROADS. Subdivision 1. Application. In addition to the requirements of section 115E.04, a person who owns or operates railroad car rolling stock transporting a unit train must comply with this section. Subd. 2. Training. (a) Each railroad must offer training to each fire department having jurisdiction along the route […]
115E.045 RESPONSE PLANS FOR TRUCKS AND CERTAIN TANK FACILITIES. Subdivision 1. Response plan for trucks. (a) By June 1, 1994, a person who owns or operates trucks or cargo trailer rolling stock transporting an average monthly aggregate total of more than 10,000 gallons of oil or hazardous substances as bulk cargo in this state shall […]
115E.05 ORDERS AND INJUNCTIONS; ENFORCEMENT. Subdivision 1. Amendment to plan. If one or more of the commissioners finds the prevention and response plans or preparedness measures of a person do not meet the requirements of this chapter, the commissioner or commissioners making the finding may by order require that reasonable amendments to the plan or […]
115E.06 GOOD SAMARITAN. (a) A person listed in this paragraph who is rendering assistance in response to a discharge of a hazardous substance 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 […]
115E.061 RESPONDER IMMUNITY; OIL DISCHARGES. (a) Notwithstanding any other law, a person 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, […]
115E.07 COOPERATION BETWEEN PRIVATE AND PUBLIC RESPONDERS. Political subdivisions and state agencies may arrange with persons to provide resources of state and local government so that the persons may comply with section 115E.03, subdivision 4. History: 1991 c 305 s 7
115E.08 COORDINATION. Subdivision 1. Appointment. The commissioner of public safety shall coordinate state agency preparedness for response to discharges of oil or hazardous substances. Subd. 2. Duties. The commissioner of public safety shall at least annually assess the preparedness of each state agency for carrying out its responsibilities under sections 115E.01 to 115E.09 and shall […]
115E.09 SINGLE ANSWERING POINT SYSTEM. The commissioner of public safety shall establish a single answering point system for use by persons responsible for reporting emergency incidents and conditions involving hazardous substances or oil to agencies of the state. The single answering point system must include personnel on duty 24 hours a day and equipment adequate […]
115E.11 DISPOSITION OF PENALTIES. Penalties collected for violations of this chapter or section 115.061 that are related to discharges or threatened discharges of petroleum must be deposited in the state treasury and credited to the petroleum tank release cleanup fund. History: 1993 c 341 art 2 s 5; 1995 c 254 art 1 s 96
