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There is no statute of limitations in RCRA with and adversely affects the environment. The City asks for respect to bringing an action under Section 7002. Thus, declaratory and equitable relief in the name of the State the six (6) year statute of limitations in 28 U.S.C. § 2401(a) of Minnesota against the defendants in order to protect water, is applicable. The City of St. Anthony must, however, give land and other natural resources from pollution, impairment the required sixty (60) day notice to the United States Environ- or destruction. mental Protection Agency, the State of Minnesota and any MERA contains no statute of limitations. Minn. alleged violators prior to commencing the action. Stat. § 541.05, subd. 1(2) provides, however, that where II. STATE LAW CLAIMS liability is created by statute, an action must be commenced D. Minnesota Environmental Rights Act (MERA), within six (6) years, unless a shorter provision is provided. Minn. Stat. Chapter 16B Based on the foregoing, the City of St. Anthony has six (6) The Minnesota Environmental Rights Act (MERA), years from the date of discovery of the pollution, impairment Minn. Stat. § 116B.03, authorizes any person residing within or destruction to bring an action under MERA. the state, or any political subdivision of the state, including E. Minnesota Environmental Res onsibilit and the City of St. Anthony, and others, to maintain a civil Liability Act MERLA , Minn. Spat. Chapter 15B action in the district court for declaratory or equitable The Minnesota Environmental Response and Liability relief in the name of the State of Minnesota against any Act (MERLA), Minn. Stat. Chap. 115B, is commonly referred person for the protection of the air, water, land and other to as the Minnesota Superfund statute. Minn. Stat. § 115B.04 natural resources located in the State from pollution, impairment provides that any person who is responsible for a release or destruction. Please note that the statute provides for or threatened release of a hazardous substance from a facility declaratory and equitable relief and does not contemplate is strictly liable, jointly and severally, for all response a money damages award. costs incurred by the state, a political subdivision of the The City of New Brighton alleges in its Complaint I ; state, or the United States and all reasonable and necessary that the defendants' conduct violates state environmental response costs incurred by any person as well as damages quality standards, regulations, and rules and materially 8 - - 9 - i i