Local Rule Rule 6007-2: Abandoning or Disposing of Property Containing Hazardous Substances

Rule 6007-2. Abandoning or Disposing of Property Containing Hazardous Substances Notice of a proposed abandonment or disposition of property which may contain a hazardous substance must be given to the Environmental Protection Agency, any applicable state or federal regulatory agency, and the state Attorney General where the property is located.

[Effective April 15, 1997. Amended effective September 4, 2024.]

2024 Advisory Committee Notes Local Rule 6007-2 was amended and restyled to remove the "commercial or industrial" description of the property. Property that is not commercial or industrial can still contain hazardous substances. The rule was further amended to remove the reference to Minn. Stat. § 115B.02, subd. 8 or other applicable law. A hazardous substance does not necessarily have to meet a legal definition for notice to be required. Finally, the rule now has an additional requirement that any applicable state or federal regulatory agency be noticed. This is to account for situations where the Environmental Protection Agency is not the only governing agency. See, e.g., In re Paolella, 79 B.R. 607 (Bankr. E.D. Pa. 1987) (Party opposing abandonment of property can show that abandonment is not appropriate because it would contravene state statute or regulation that is reasonably designed to protect public health or safety from identified hazards.).