Minnesota Superfund regulations & environmental compliance analysis

Minnesota Superfund: What you need to know

Governing Law and Regulations

Minnesota Environmental Response and Liability Act (MERLA) Minnesota Statutes Annotated (MSA) 115B.01 to 115B.51

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Overview:

Definitions: MSA 115B.02

Site identification:

State list: MSA 115B.17, Subdivision 13

Remedial investigation: MSA 115B.17, Subdivision 3 to 115B.17, Subdivision 4

Release response:

Removal and remediation: MSA 115B.17

Removal Process: MSA 115B.02, Subdivision 17

Liability:

Cleanup costs: MSA 115B.04

Economic loss, death, or personal injury: MSA 115B.05 to 115B.06

Potentially responsible parties (PRPs): MSA 115B.03 to 115B.04

Remediation fund: MSA 116.155

Harmful Substance Compensation Account (HSCA): MSA 115B.26 to 115B.36

Personal injury: MSA 115B.30, Subdivision 1

Property damage: MSA 115B.30, Subdivision 2

Property transfer: MSA 115B.16

Regulatory Agencies

Minnesota Pollution Control Agency (MPCA) Remediation Division Superfund, RCRA, and Voluntary Cleanup Section

Minnesota Department of Agriculture (MDA)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Minnesota's Superfund law, MERLA, is modeled after the federal Superfund, but certain provisions of the state law differ from the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). For example, MERLA applies to different hazardous materials and imposes broader liability. Under MERLA, MDA is also authorized to access the HSCA and to investigate and clean up contamination from agricultural chemicals.

Many communities have abandoned contaminated properties that have not been redeveloped because of concerns about the perceived cost of remediation and liability. MERLA also ...


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