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\314�,�� <br /> t. <br /> LEIGHTON, KARNEY, CRABTREE co /•�/CO <br /> �� r <br /> ATTORNEYS AT LAW ��/�'� <br /> ROSEVILLE PROFESSIONAL CENTER.SUITE 620 C' <br /> 2233 HAMLINE AVENUE NORTH ti OE6N2C6 <br /> ROSEVILLE.MINNESOTA 55113.5007 <br /> TELEPHONE(612)636-9654 <br /> TELEFAX(612)636.2474 <br /> MARK A.KARNEY H.RICK FRITZ <br /> LEE J.LEIGHTON OF COUNSEL <br /> TODD CRABTREE June 24, 1990 <br /> Mr. Don Pauley <br /> City Administrator <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, Minnesota 55112 <br /> RE: Whether the City of Mounds View may be more <br /> restrictive concerning testing and cleaning of <br /> underground tanks than the State of Minnesota and <br /> federal regulations require? <br /> Dear Mr. Pauley: <br /> I have reviewed the information you provided in several <br /> telephone calls and have also discussed this matter directly with • <br /> you and Michelle Hren. In reviewing the above-referenced issue, <br /> I would submit the following legal opinion: <br /> Pursuant to Minn. Stat. Section 116 .50 on Preemption, the <br /> Minnesota Environmental Protection Statutes preempt any municipal <br /> rules which are in "conflict" with the EPA rules for underground <br /> storage tanks . The issue then becomes whether your proposed <br /> restrictions are in fact in conflict, or just different, than the <br /> EPA restrictions . Case law indicates that a municipal ordinance <br /> is only in conflict where both the ordinance and statute contain <br /> express or implied terms that are irreconcilable with each other. <br /> For example, a conflict arises if the ordinance permits which the <br /> statute forbids or conversely, the ordinance forbids what the <br /> statute expressly permits . There is generally no conflict between <br /> an ordinance and a statute when the ordinance, although different, <br /> is merely- additional and complimentary to or in aid and furtherance <br /> of the statute. It is also generally true that a municipality is <br /> allowed to protect the security of the community and this is <br /> liberally construed with regard to the enactment of ordinances. <br /> Minnesota case law has further indicated that in determining <br /> whether a state law has pre-empted a field on the same subject, the <br /> following factors need to be considered: <br /> 1) Whether the subject matter has been fully <br /> considered by state law; • <br />