Minn. Stat. § 115A.99

Litter; Penalties And Damages

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Subdivision 1.Civil penalty.

(a) A person who unlawfully places any portion of solid waste in or on public or private lands, shorelands, roadways, or waters is subject to a civil penalty of not less than twice nor more than five times the costs incurred by a state agency or political subdivision to remove, process, and dispose of the waste.

(b) A state agency or political subdivision that incurs costs as described in this section may bring an action to recover the civil penalty, related legal, administrative, and court costs, and damages for injury to or pollution of the lands, shorelands, roadways, or waters where the waste was placed if owned or managed by the entity bringing the action.

Subd. 2.Disposition.

Civil penalties and damages collected under subdivision 1 must be collected and distributed as required in chapter 484.

Subd. 3.Joinder; private action for damages.

A private person may join an action by the state or a political subdivision to recover a civil penalty under subdivision 1 to allow the person to recover damages for waste unlawfully placed on the person's property.

Notes of Decisions

Cited in 1 case, 2008–2008 · leading case: Exxon Shipping Co. v. Baker

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Exxon Shipping Co. v. Baker (2008) scotus · cites it 2× “§ 146-A:10 (2005) (damages of one-and-a-half times the harm caused to private property by oil discharge); Minn.Stat. Ann. § 115A.99 (2005) (civil penalty of 2 to 5 times the costs of removing unlawful solid waste).”

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