Minnesota Statutes Public Safety (Ch. 299A-299N) § 299A.52. Responsible party

Subdivision 1. Response liability. A responsible party, as described insection 115B.03, is liable for the reasonable and necessary costs, including legal and administrative costs, of response to an emergency response incident or explosives disposal undersection 299C.063incurred by a state emergency response asset or local unit of government. For the purposes of this section, “hazardous substance” as used insection 115B.03means “hazardous material” as defined insection 299A.49.

Subd. 2. Expense recovery. The commissioner shall assess the responsible party for an emergency response asset's costs of response. The commissioner may bring an action for recovery of unpaid costs, reasonable attorney fees, and any additional court costs. Any funds received by the commissioner under this subdivision are appropriated to the commissioner to pay for costs for which the funds were received. Any remaining funds at the end of the biennium shall be transferred to the Fire Safety Account.

Subd. 3. Attempted avoidance of liability. For purposes ofsections 299A.48to299A.52and299K.095, a responsible party may not avoid liability by conveying any right, title, or interest in real property or by any indemnification, hold harmless agreement, or similar agreement.