Governing Law and Regulations
Minnesota disclosure law: Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes Annotated (MSA) 115B.16
TSDF transfer: MSA 115B.16
TSDF closure: Minnesota Rules (MR) 7045.0496
State liens: MSA 514.671 to 514.676
Innocent Landowner Defense: MSA 115B.03 and MSA 115B.175
Well disclosure: MSA 103I.235
Minnesota Pollution Control Agency (MPCA)
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Minnesota has no specific property transfer law that requires MPCA to certify the condition of the property before a real estate transfer may take place. However, under MERLA, the state requires a hazardous waste treatment, storage, and disposal facility (TSDF) to have notations made on the property deed and to notify MPCA when the facility is transferred or closed. In addition, there are provisions for state liens when cost recovery is required for cleanup activities as well as well disclosure certification requirements.
• Administration and enforcement. MPCA enforces the TSDF closure and state lien requirements in Minnesota. Closure documents and notification must be submitted to MPCA, not to the U.S. Environmental Protection Agency (EPA).
For more information on contaminated sites, see the state section SUPERFUND. In addition to this section, management of older abandoned commercial sites is discussed in the state section BROWNFIELDS. For details on transferring sites that actively manage hazardous wastes, see the state sections RCRA and CLOSURE AND POST-CLOSURE PLANS.
Any site that has an active ...