Superfund is a “polluter pays” law. Superfund requires specific investigation and cleanup processes, designates parties that are legally responsible for the cleanup, and provides funds for certain types of cleanups under Minnesota’s Environmental Response and Liability Act (MERLA) (Minn. Stat. § 115B), sometimes known as Minnesota’s Superfund Law.
Under MERLA, responsible parties are legally responsible for a release or threatened release of hazardous substances, or pollutants or contaminants, which pose a risk or potential risk to human health and the environment. At most Minnesota Superfund sites, a responsible party or parties undertake investigation and cleanup without requiring the MPCA to take enforcement actions by operating under MPCA oversight as a cooperative responsible party.
Although Superfund is a “polluter pays” law, Minn. Stat. § 116.155 establishes a state remediation fund for the MPCA to investigate and clean up sites on the Minnesota Permanent list of Priorities when responsible parties are unwilling or unable to cooperate, or if a responsible party no longer exists or is unknown. The MPCA will file cost-recovery actions against unwilling or uncooperative responsible parties.
Sites on the Permanent List of Priorities may need investigation and cleanup, cleanup may be underway, or cleanup may have been completed and long-term monitoring or maintenance continues. The MPCA prepares biennial reports to track activities and expenditures in cleaning up Minnesota’s Superfund sites.
Key resources
Find Superfund sites and site info/data
- Sites listed on the Minnesota Permanent List of priorities
- Minnesota Groundwater Contamination Atlas to view maps, data, and descriptions of the sites.
- What's in my neighborhood to view site cleanup status, MPCA contacts, and other MPCA programs at each site.
- The Legislative Reference Library's collection for older Superfund program reports.
- Complete an information request form to request information about a specific Superfund project in Minnesota.
- Questions about information requests may be directed to the MPCA Records Management staff (651-757-2728, 844-828-0942).
Federal Superfund sites
The MPCA may request that the U.S. Environmental Protection Agency (EPA) list Minnesota Superfund sites on the federal Superfund National Priorities List for sites that meet EPA criteria. Sites on the federal list are eligible for additional federal remediation funds. There are currently 25 Minnesota sites on the federal list.
What if I am not a responsible party?
The Brownfields redevelopment program provides a streamlined investigation and cleanup process for non-responsible parties willing to work with the MPCA voluntarily to clean up a site. These voluntary parties may receive liability assurances that responsible parties may not qualify for and that may protect them from future cleanup risks.
Responsible party vs. cooperative responsible party
MERLA clearly defines who is legally responsible to investigate and cleanup a site as a responsible party. Responsible parties may include but are not limited to:
- past and present owners of a property where a release occurs
- persons who owned or possessed the hazardous substance and arranged for the disposal, treatment, or transport of a hazardous substance
- persons who knowingly transported or disposed hazardous substances in a manner contrary to law
- generators of wastes that were sent for treatment or disposal at the property
Parties don’t decide whether they are responsible party, but responsible parties can decide to operate as a cooperative responsible party.
Responsible parties can operate as a cooperative responsible party under the Superfund program if they work cooperatively with MPCA under Superfund so that enforcement actions are not required. Cooperative responsible parties enroll online and operate under MPCA oversight and direction. The MPCA Superfund program will bill the cooperative responsible party for oversight on the investigation and cleanup of site that is or may be contaminated and the cooperative responsible party may obtain a No Action or No Further Action letter from MPCA when site work is complete.
If responsible parties are not willing or able to work through the MPCA Superfund Program as a cooperative responsible party, the MPCA’s Superfund program may score and list the site on the Minnesota permanent list of priorities to access funding to conduct the necessary site investigation and cleanup. The MPCA will file cost-recovery actions against unwilling or uncooperative responsible parties.
Responsible parties can generally reduce the amount of money spent on legal and cleanup costs by operating as a cooperative responsible party.
See Minn. Stat. § 115B.03 for the full definition of a responsible party and contact your Superfund project manager with questions.
No Action and No Further Action letters
Cooperative responsible parties may obtain No Action and No Further Action letters when the MPCA concludes that the extent and magnitude of the release has been defined and that the identified contamination does not pose a risk to human health or the environment given the current or proposed property use. These letters state that the MPCA will take no action (or no further action) with regard to a specific identified release of contaminants.
- A No Action (NA) letter may be issued when the identified contamination does not pose a risk to human health or the environment.
- A No Further Action (NFA) letter may be issued after response action implementation has successfully managed risk to human health and the environment.
No Action and No Further Action letters are based on the MPCA’s discretionary enforcement authority and reflect the agency’s administrative decision regarding a specific identified release of contaminants. Each letter incorporates standard disclaimers, including a reopener clause if the MPCA receives new information or if risk-based values or site conditions change.
The MPCA will only issue No Action and No Further Action letters after releases to all media (soil, groundwater, surface water, vapor, etc.) have been addressed. Although some media-specific letters are available in the Brownfield program, the MPCA will not issue media-specific letters under Superfund.
To enroll as a cooperative responsible party, use MPCA's e-Services.
Include a one-page cover letter with your application, summarizing your request. Include all known MPCA program identification numbers associated with the site and tell us if the request is grant-related. Reference the cover letter as a "Phase I update."
Subsequent submittals at active CRP Superfund projects: If you are submitting reports, information, or requests for an active Brownfield or cooperative responsible party Superfund project, do NOT submit via MPCA’s e-Services. Send the document(s) directly to the assigned MPCA project manager(s) via email. You must include the current MPCA billing ID and SF ID in the subject line of the email. Failure to submit documents to the correct staff or include a site ID in the subject line may result in delays.
