The commissioner of the Pollution Control Agency and the commissioner of agriculture shall each establish a project list based on the amount of ERLA funds allocated by the respective agency for each class. The project list is a subset of the permanent list of priorities. The project list must contain the names of those sites to which ERLA funding will be allocated and for which the response action or RI/FS is scheduled to begin during the year. Sites on the permanent list of priorities may be added to a project list and funded when the appropriate commissioner determines that excess ERLA funds allocated by each respective agency are available as a result of, for example, a party assuming responsibility for work at a site or a cost saving in the response actions taken at a site. Class A sites not on the project list that develop or are brought to the attention of the commissioner must be funded with Class A contingency funds as directed in part 7044.0750, item A. Before taking any removal and remedial action for a release or a threatened release of a hazardous substance, pollutant, or contaminant, the agency shall follow the procedures specified in Minnesota Statutes, section 115B.17. The project list must be revised annually. The commissioners may amend their respective project lists between annual revisions. Funding for sites on the project lists must remain in effect until the next project list is established or amended or until the work for which the site was placed on the list is completed, whichever date is later.
Minn. R. agency 167, ch. 7044, pt. 7044.0650
Statutory Authority: MS s 14.06; 115B.17