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ATTACHMENT B <br /> DEFINITION Of "RESPONSIBLE PERSON" UNDER MERLA <br /> (Minn. Stat. § 115B4O3,subds. 1, 3,5-7) <br /> Minn. Stat.§ 11513.03 RESPONSIBLE PERSON. <br /> Subdivision 1. General rule. For the purposes of sections 115B.01 to 11511.20,and except as <br /> provided in subdivisions 2 and 3,a person is responsible for a release or threatened release of a <br /> hazardous substance, or a pollutant or contaminant, from a facility if the person: <br /> 1) owned or operated the facility: <br /> (i) when the hazardous substance,or pollutant or contaminant, was placed or came to be <br /> located in or on the facility; <br /> (ii) when the hazardous substance, or pollutant or contaminant,was located in or on the facility <br /> but before the release;or <br /> (iii) during the time of the release or threatened release; <br /> (2) owned or possessed the hazardous substance,or pollutant or contaminant, and arranged, by <br /> contract, agreement or otherwise,for the disposal,treatment or transport for disposal or treatment of <br /> the hazardous substance, or pollutant or contaminant; or <br /> (3) knew or reasonably should have known that waste the person accepted for transport to a <br /> disposal or treatment facility contained a hazardous substance, or pollutant or contaminant, and either <br /> selected the facility to which it was transported or disposed of it in a manner contrary to law. <br /> Subd. 2. Employees and employers. [language omitted] <br /> Subd. 3. Owner of real property. An owner of real property is not a person responsible for the <br /> release or threatened release of a hazardous substance from a facility in or on the property unless that <br /> person: <br /> (1) was engaged in the business of generating,transporting, storing, treating, or disposing of a <br /> hazardous substance at the facility or disposing of waste at the facility, or knowingly permitted others <br /> to engage in such a business at the facility; <br /> (2) knowingly permitted any person to make regular use of the facility for disposal of waste; <br /> (3) knowingly permitted any person to use the facility for disposal of a hazardous substance; <br /> (4) knew or reasonably should have known that a hazardous substance was located in or on the <br /> facility at the time right,title,or interest in the property was first acquired by the person and engaged in <br /> conduct associating that person with the release;or <br /> Page 1 of 2 <br />