Document e557y3vnME3j9yvENVXbYwLqq

01(1812011" 15119 FAX t`, Y 851 23? 4"3 MTV GENERM 003/036 STATE OF MINNESOTA COUNTY OF HENNEPI'N go L G State of Minnesota. by its Attorney , Lori Swanson, its Commissioner of P0 utiori Control Paul Aasen, and its Conunissionf of Natural Resources, Tom Landwehr, Plaintiff, VS. 3M Company, Defendant. DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Otheerivil Judge Joseph Klein Court File No. 27-CV-lO-28862 AMENDED COMPLAINT The State of Minnesota, by its Attorney General, Lori Swanson, its Commissioner of Pollution Control, Paul Anson, and its Commissioner of Natural Resources, Tom Landwehr, for its Complaint against Defendant 3M Company, alleges as follows: INTRODUCTION y 1. For over 50 years, Defendant 3M Company produced at facilities in Minnesota ~ chemicals known as perfuorochemicals, or PFCs. 3M used these chemicals in the production of a variety of consumer, commercial, and industrial products, including stain repellents like Scotchguardm, fire retardants, and chemical products. 3M disposed of wute and discharged wastewater containing PFCs in Minnesota, causing pollution of Minnesota ground and surface water and injury to the natural resources of the State of Minnesota. The State of Minnesota, through its Attorney General, Commissioner of Pollution Control. and Commissioner of Natural Resources, brings this action as trustee for the State's natural resources and to recover damages 01/13/2011 13220 WM `1 1 351 231' 4`"3 hTT't' GENERKL .0041033 for injury, loss, and destruction of Minnesota's natural resources caused by 3M`s pollution of the environment. PARTIES 2. The State of Minnesota (sometimes hereinafier referred to as the "State") is a sovereign state of the United States of America acting as trustee of the natural resources of the State of Minnesota, including all groundwater, surface water, wetlands, sediments, and aquatic life, including fish. | 3. Lori Swanson, the Attorney General of the State of Minnesota, is authorized under Minn. Stat. llSB.l7, subd. 7 and 115.071, subd. 3, and has common law authority, including parens patriae authority, to bring this action on behalf of the State of Minnesota and its citizens to enforce Mirmesota law and to recover the damages and other relief requested in this Complaint. 4. Paul Aasen is the Commissioner of the Minnesota Pollution Control Agency ("MPCA"). The MPCA is a statutory agency of the State of Minnesota responsible fer administering and enforcing Minnesota statutes and rules relating to water. land and air pollution. See Minn. Stat. Chs. 115. 1153 and 116 (2010).. 5. The MPCA is authorized to adopt and enforce rules "in order to prevent, control or abate water pollution. . ." . Minn. Stat. 115.03, subd. 1(a). 6. Tom Landwa is the Commissioner of the Minnesota Depaflrnent of Natural Resources ("MDNR"). The MDNR is a statutory agency of the State of Minnesota resPonsible for administering and enforcing Minnesota statutes and rules relating to the preservation, conservation, management and regulation of natural resources of the State. See Minn. Stat. C118. 84, 35, 94 and 103 G (2010). 01f18f2011 16120 FAX I I 351 23? 4`3 MTV GENERAL .0053038 7. Money recovered by the State for natural resource damages is deposited into the State's remediation fund. Minn. Stat. 116.155, subd. 3(1) (2010). The general portion of the remediation fund is apprOpriated to the Commissioners of MPCA and MDNR, among other things, "to take actions related to releases of hazardous substances, or pollutants or contaminants as provided in section 1153.20." Minn. Stat. 116.155, subd. 2(1) (2010). Minn. Stat. 1153.20 (2010) authorizes money appropriated from the remediation fund to be spent for the "assessment and recovery of natural resource damages by [the MPCA] and the commissioner of natural resources for administration, planning and implementation by the commissioner of natural resources of the rehabilitation, restoration, or acquisition of natural resources to remedy injuries er losses to natural resources resulting from the release of a hazardous substance." , 8. Defendant 3M Company (sometimes hereinafier referred to as "Sb/l") is a corporation incorporated in the State of Delaware and has its principal place of business in Maplewood, Minnesota. 3M Company's resident agent for service of process is CT Corporation System Inc, which is located at 100 South Fifth Street, Number 1075, Minneapolis, I Minnesota 55402 in Hennepin County. JURISDICTION AND VENUE 9. Jurisdiction exists in this Court under Minn. Stat. 484.01 (2010), and venue exists in this Court under Minn. Stat. 542.07 and 542.09 (2010). Among other things. 3M's registered agent is located in Herinepin County, and waters impaired by 3M's discharge of PFCs are'located in Hennepin County. r OMB/2011 18220 FAX I I 7 851 237 4"`3 fl 7 MTV GENERAL IK NS/03B FACTUAL BACKGROUND 1. 3M Produced PFCs in Minnesota for Over 50 Years. 10. 3M began research and development of a group of chemicals known as perfluomchemicals, or PFCs, in Minnesota in the late 19405. The company began commercial production of PFCs in Minnesota in the early 19505. 3M used PFCs to manufacture many, consumer, commercial, and industrial products, including but not limited to stain repellents like Scotchguard`m, fire retardants, stain removers, paints, hydraulic fluids, semi-conductors, and other chemical products. ll. PFCs are a class of chemicals--not natural to the environment---in which fluorine atoms replace the hydrogen atoms that are normally attached to the carbon "backbone" of hydrocarbon molecules. For purposes of this Complaint, "PFCs" include all pcrfluorochemicals manufactured by 3M, and all byproducts, compounds, and/or waste containing any perflourochemical associated with 3M's manufacture, treatment, disposal, discharge, or release of perfluomchemicals. PFCs include these chemicals and associated compounds: 0 pertluorooctonoate (also know as "pen-fluorooctonolc acid" or "PFOA"); O perfluorooctane sulfonate (also known as "`PFOS"); o perfluorobutanoate (also know as also known as "perfluorobutyrate," "perfluorobutyric acid" or "PFBA"); and 0 pcrfluorobutane sulfonate" (also known as "nonafluorobutanesulphonic acid" or I`PFBS"). 12. For decades, 3M manufactured PFOS, PFOA and other PFCs at facilities in the Twin Cities metropolitan area in Minnesota. 3M was the sole manufacturer of PFOS in the United States and a major manufacturer of PFOA. 13. The chemical structure of PFCs make them resistant to breakdown or environmental degradation. As a result, they are persistent when released into the envirOnmcnt. 01/18/2011 13:20 PM I I 351 287 4`" MW EEHERM I007/038 Some PFC: have been found to bioaccumulate in humans and animals. A 2005 report by the US. Department of Health and Human Services found that "human exposure to PFOS and PIiOA lead to the buildup of these chemicals in the " body. 14. Following negotiations with the United States Environmental Protection Agency ("EPA"). 3M announced in the year 2000 that it would stop producing PFOS in Minnesota. At the time of this announcement, the EPA wrote in a news release: "3M data supplied to EPA indicated that these chemicals are very persistent in the environment, have a strong tendency to accumulate in human and animal tissues and could potentially pose a risk to human health and the enviromnent over the long term. EPA supports the company's plans to phase out and develop substitutes by year's end for the production of their involved products." 3M stopped producing PFOS in Minnesota in late 2002. 1!. PFC: Have Adverse Health and Environmental Consequences. 15. Numerous studies have shown that PFC: pose serious risks to human health and the environment. 16. In a Public Health Assessment released for comment in August 2010, the Minnesota Department of Health described the results of some studies of the impact of PFCs on human health and the environment: For example, the Department cited studies indicating that it has been reported that; a. Exposure to high levels of PFOA, PFOS and PFBA is acutely toxic to test animals; 13. Some long tenn animal studies suggest that exposure to PFOA could increase the risk of tumors of the liver, pancreas and testes; 0-1/1812011 18:20 FAX I l 351 29'! 4""8 MWI GENERAL I008!03B c. Chronic or subchronie exposure to low doses of PFOA in rats typically results in reduction in body weight and weight gain; d. Adverse immune system effects have been reported in mice exposed to high doses of PFOA; and e. Adverse developmental effects have been observed in the offspring of pregnant fats and mice exposed to high doses of PFOA and PFOS. 17. The Department also noted that a recent study by 3M of its employees suggested a positive association "between PFOA exposure and prostate cancer, cerebrovascular disease, and diabetes." The Assessment further notes that: "PFCs disposed of [by 3M] have impacted soil, groundwater. surface water, sediments, biota, and nearby drinking water wells, both public and private." The Department also pointed out that residents of the eastern metropolitan area of the Twin Cities showed elevated PFC levels in blood tests when compared to the US. pepulation as a whole. 18. In its 2007 notice placing special restrictions on the construction of wells in a 12 square mile "special well construction area" in Washington County, the Minnesota Department of Health pointed to various health concerns with PFCs, including that: "In animal studies, high concentration of PFCs harm the liver and thyroid. Developmental problems have been seen in the offspring of rats and mice exposed to PFCs while pregnant." 19. in its 2007 notice placing special restrictions on the construction of wells in a 12 square mile "special well construction area" in Washington County, the Minnesota Department of Health pointed to various health concerns with PFCs, including that: "In animal studies. high concentrations`oi' PFCs harm the liver and thyroid. Developmental problems have been seen in the ot'tspring of rats and mice exposed to PFCs while pregnant." GLUE/2011 18:20 FM 651 23? 4`3 MT? GENERAL @0083038 20. In a 2005 Health Consultation report relating to PFCs at 3M's Cottage Grove facility, the Agency for Toxic Substances and Disease Registry of the us. Department of Health and Human Services states that, "Animal studies hat/e shown that PFOA and APFO (its ammonium salt) are easily absorbed through ingestion, inhalation, and dermal contact." The- repon states that "[e]xposure to high levels of PFOA and PFOS is acutely toxic in test animals" and that "[c]hronic or sub-chronic exposure to lower doses of PFOA in rats typically results in reduction in body weight and weight gain, and in liver effects such as an increase in liver weight and alterations in lipid metabolism." The report further states that, "A 90-day study of relatively high-dose oral PFOA eXposure in rhesus monkeys resulted in adverse effects on the adrenal glands, bone marrow, spleen, lymphatic system, and death in some animals." 21. In 2009, the EPA issued provisional health advisories, guidance on toxicity values. and soil screening levels relating to potential risk from exposure to PFOA and PFOS in the environment. The limits set on PFC exposure by the EPA are comparable to limits set by the Minnesota Department of Health. Environmental authorities in other states and in foreign countries also have set safe drinking water values for PFCs that are comparable to the limits established by the Minnesota Department of Health. ' 22. In 2009, EPA placed PFOA and PFOS on its Third Contaminant Candidate List for possible regulation under the Safe Drinking Water/tot, 42 U.S.C. 3003 l(b)(l)(B)(i). 74 Fed. Reg. 51850 (October 8, 2009). 23. During the time that it manufactured PFCs, 3M extensively studied the impact of PFCs on human health and the environment. 3M knew or should have known that as a result of its regular disposal of PFCs and PFC-containing wastes, it was reasonably likely that PFCs would be released from the disposal sites and would reach the groundwater, surface water and 01/18/2011 16220 FAX I 1 851 23? 4`3 MTV GENERAL |01oxoss sediments and to result in injury. destruction, and loss of natural resources of the State, including groundwater, surface watts. sediments and aquatic life such as fish. 3M knew Or should have known of the potentially harmful efi'ects that PFCs have on human health and the environment. 3M knew or should have known that the discharge of PFCs would pollute groundwater and surface water of the State, making them unavailable to the citizens of the State for their normal ` and designated uses, including as sources of drinking water and habitat for fish which may be I consumed as food. III. 3M Discharged PFC: in Minnesota For Decades. 24. For decades, 3M disposed of waste and discharged wastewater containing PFCs in Minnesota. SM is responsible for releasing PFCs into the Minnesota environment, causing pollution of groundwater, surface water, and sedimentsand resulting in injury, destruction and loss of natural resources of the State. 25. 3M disposed of wastes containing PFCs at several sites in the Twin Cities Minnesota metropolitan area, including at least the following: at. its industrial facility located in the City 'of Cottage Grove, Minnesota ("the 3M Cottage Grove Site"); b. a disposal site located in the City of Oakdale, Minnesota ("the 3M Oakdale Disposal Site"); c. a disposal site located on the border of the cities of Cottage Grove and Woodbury, Minnesota in the area encompassed by Woodbury Drive (County Road 19) and I Cottage Grove Drive ("the 3M Woodhury Disposal Site"); and d. the Washington County Landfill, located in the City of Lake Elmo, Minnesota. 01J18f2011 18:20 FM ' Y i 851 23? 4""9 MT"! GENERAL [EON/03B For years. 3M buried wastes containing PFCs in unlined dumps, thereby releasing PFCs into the groundwater beneath the sites and ultimately into other groundwater. 26. 3M also discharged wastewater containing PFCs from the 3M Cottage Grove Site into surface water of the State which flows into the Mississippi River. 3M did so both directly and indirectly. For years, 3M piped wastewater containing PFCs directly into a stream that flows directly into the Mississippi RiVer. In addition, 3M disposed of waste containing PFCs on land in close proximity to the Mississippi River, allowing this waste to leach into the river. 27. over 100 square miles of groundwater have been contaminated by 3M's disposal of PFCs, and the source of residential drinking water for tens of thousands of Minnesotans is potentially affected by the contamination caused by 3M's diaposal of PFCs. The area of contamination includes four major aquifers; namely, the St. Peter, Prairie du Chien, Jordan, and Franconia aquifers. These four aquifers serve as the sole source of drinking water for approximately l25,000 or more Minnesotans who reside in the Twin Cities area. 28. PFCs have also polluted Lake Elmo and approximately I39 miles of the Mississippi River from St. Anthony Falls in Minneapolis (Henncpin County) downstream to the La Moille Dam (Lock and Dam No. 6), south of Winona. 29. 3M`s release and discharge of PFCs into the groundwater and surface water are in violation of Minnesota water quality rules and were not authorized 0r permitted by the State. 3M was not authorized by the Minnesota Pollution Control Agency to discharge PFCs into waters of the State at any of the sites where 3M disposed of wastes containing PFCs or at other facilities 3M owned or operated. 30. Minn. Rule 7050.0210, subp. 2, provides: "No sewage, industrial waste. or other wastes shall be discharged fi'om either point or nonpoint sources into any waters of the state so as 01/18/2011 18:20 PM I I 851 23? 4""3 MT":P GENERAL-0121038 to cause any nuisance conditions, such as the presence of significant amounts of floating solids, scum, visible oil film, excessive suspended solids, material discoloration, obnoxious odors, gas ebullition, deleterious sludge deposits, undesirable slimes or fungus growths, aquatic habitat degradation, excessive growths of aquatic plants, or other offensive or harmful effects." Minn. Rule 7053.07.05, subp. 2, sets forth the same prohibition as found in Minn. Rule 7050.02.10, subp. 2. The discharge of PFCs from sites where 3M disposed of wastes and discharged wastewater have polluted waters of the State and precluded and adversely affected the use of underground waters for potable use, thereby causing nuisance conditions and other offensive and harmful effects on waters of the state within the meaning of Minn. Rules 7050.0210, subp. 2 and 7053.0205, subp. 2. 3l. Minn. Rule 7050.0210, subp. 13, provides that "[n]o sewage, industrial waste, or other wastes shall be discharged from either a point or a nonpoint source into the waters of the state in such quantity or in such manner alone or in combination with other subSIances as to cause pollution as defined by law." Underground waters, including the primary drinking water aquifers in the eastern metropolitan area of the Twin Cities, have been polluted by the discharge of PFCs from sites where 3M disposed of wastes containing PFCs. 32. Minn. Rule 7060.0600, subp. 2, provides that "[n]o sewage, industrial waste, other waste, or other pollutants shall be allowed to be discharged to the unsaturated zone or deposited in such place, manner, or quantity that the effluent or residue therefrom, upon reaching the water table, may actually or potentially preclude or limit the use of the underground waters as `a potable water supply, nor shall any such discharge or deposit be allowed which may pollute the underground waters." 3M allowed PFCs to be discharged at sites where 3M disposed of wastes containing PFCs in such a way as to pollute undergron waters, including the primary drinking 10 011'181'2011 18120 FAX ' Ii 1 351 28? 4`03 MTV GENERAL I013I'038 water aquifers in the eastern metmpolitan area of the Twin Cities, and to actually or potentially limit or preclude the use of the underground waters as a potable water supply. IV. 3M's Discharge of PFCs Caused Damage To the State's Natural Resources. 33. The State and its citizens place a high value on the State's natural water resources. . 34. 3M released PFCs into the Minnesota environment, thereby causing pollution of groundwater and surface water, and causing injury to and destruction and loss of natural resources of the State of Minnesota. PFCs fiom wastes disp05ed of by 3M are now widespread in the environment in the Twin Cities metropolitan area. PFCs released by 3M have been found in soil, granndwater, surface water, sediments and fish. 35. As a result of the injury caused by 3M to the State's natural resources by the discharge of PFCs into the environment, the State and its citizens face substantial costs to provide alternative sources of groundwater for domestic and other uses and to restore surface waters for the full use and enjoyment of the public. 1. Well and Water Usage Restrictions. 36. The Minnesota Department of Health has established health-based standards for human consumption of PFCs in drinking waters. Under Minnesota law, a health risk limit ("HRL") is "a concentration of a substance or chemical adopted by rule of the commissioner of health that is a potential drinking water contaminant because of a systemic or carcinogenic toxicological result from consumption." Minn. Stat. 103H.005, subd. 4 (2010). Before the Department establishes an HRL through fermal rulemaking, the Department deveIOps interim guidelines known as Health Based Values ("HBVs"). HBVs are based on source studies that are of the same quality as those used to develop formal HRLs. ll 7 01/18/2011 18221 FAX W 851 29? 4`"3 ' ATT't' GENERAL 12.10141 038 37. In 2002. the Minnesota Department of Health issued HBVs for PFOA and PFOS in drinking water. 38. In 2007, the Minnesota Legislature expressly authorized and directed the Minnesota Department of Health to adopt HRLs for PFOA and PFOS using a special provision in Minnesota's Administrative Procedures Act which is reserved for rules that "address a serious and immediate threat to the public health, safety or welfare." Laws of Minnesota 2007, chapter 37, sec. 1; Minn. Stat. 143.388. subd. 1(1) (2010). .The Department thereafter in 2007 adopted temporary rules setting HRLs for PFOA and PFOS in groundwater. in 2009, the Department adopted permanent Heath Risk Limits, or HRLs, for PFOA and PFOS. The Department has also issued HBVs for PFBA and PFBS. 39. In addition. the Minnesota Pollution Control Agency ("MPCA") issues generic health-based criteria for soil that are based on a standard exposure scenario for contaminated sites. MPCA has issued Soil Reference Values for evaluating the risks to public health from concentrations of PFOA and PFOS in residential (Tier 1) and industrial (Tier II) soils. 40. PFCs have been found in groundwater and soils at the sites used by 3M to dispose of wastes containing PFCs at levels that exceed the health based standards (HRLs and HBVs) adapted by the Minnesota Department of Health and the Soil Reference Values issued by the MPCA. PFC concentrations in the groundwater at the 3M disposal sites at times have been more than 100 times higher than the health-based standards established by the Minnesota Department of Health. 41. In addition, as noted above, PFCs have been found in four major drinking water aquifers (St. Peter, Prairie du Chien, Jordan and Franconia) which lie below and down gadient flow the sites where 3M disposed of PFC-containing wastes. These aquifers are the sole source 12 01.313/2011 13:21 FME 1 i 351 237 4`" MT"! GENERAL low/033 of drinking water for approximately 125,000 residents of the eastern metmpolitan area of the Win Cities, including residents of the cities of Oakdale, Lake Elmo, Woodbury, and Cottage Grove. As a result, the source of residential drinking water for tens of thousands of Minnesotans is potentially affected by PFC contamination caused by 3M. 42. In 2007, the Minnesota Department of Health issued a Special Well Commotion Advisory, which remains in effect, for an area of more than twelve square miles in Washington County, due to the contamination of groundwater caused by 3M's disposal and releases of PFCs. , Through the Advisory, the Department placed limits on the installation and operation of any new groundwater wells for drinking and other purposes within the well advisory area because of the PFC contamination. These restrictions, which result from 3M's disposal and discharge of PFCs, will result in substantial additional costs to public and private entities that use the afiected groundwater to meet their present and future water supply needs. 2. Surface Water Impairment and Fish Consumption Advisories. 43. Because of high levels of PFOS in tissues of fish fiom certain parts of the Mississippi River and from Lake Elmo, the Minnesota Department of Health has recommended that citizens limit their fish consumption from these waters. 44. In 2008. as a result of these fish consumption advisories, the Minnesota Pollution Control Agency listed certain areas of the Mississippi River and Lake Elmo as "impair " under Section 303(d) of the federal Clean Water Act, 33 U.S.C. l3l3(d). A surface water is "impaired" when it does not meet applicable water quality standards or fiilly support applicable beneficial uses (such as recreational fishing) due to pollution from point or nonpoint sources. Minn. Rule 7050.0150, subp. 4.11. 45. The PFC contamination which led to these fish advisories and impairment listings resulted from or was significantly contributed to by 3M's releases of PFCs into the enviromnent, l3 01f18!2011 16:21 FM 851 23? 4133 MTV GENERAL .0152'033 including discharge of industrial wastewater containing PFCs from the 3M Cottage Grove Site, and discharge of extracted groundwater containing PFCs from the 3M Woodbury Disposal Site and the 3M Oakdale Disposal Site. 3. The Natural Resources Damages Caused by 3M Have Not Been Remedied ' and Are Ongoing. 46. In 2007 the Minnesota Pollution Control Agency and 3M entered into a Settlement Agreement and Consent Order ("Remediation Consent Order") requiring 3M to take certain steps to rernecliate its releases of PFCs at the 3M Cottage Grove Site. the 3M Oakdale Disposal Site and the 3M Woodbury Disposal Site. The Remediation Consent Order, however, did not address 3M's liability for the injuries that its release of PFCs have caused to the natural resources of the State; to the contrary, Section XXV(D) of the Remediation Consent Order specifically reserved the State's claims for natural resource damages associated with 3M`s releases of PFCs. The Remediation Consent Order does not compensate the State for the injury to and destruction and loss of its natural resources caused by 3M`s releases of PFCs, or restore the State's injured natural resources to their pro-release condition. 47. The State brings this action to compensate the State and its citizens for the current and ongoing injury to, destruction of, and loss of natural resources Which have resulted from 3M's conduct. 48. The damages caused by 3M's disposal and discharge of PFCs, including the injuries to and destruction and loss of use of the State of Minnesota's natural resources, are continuing. The sources of PFC pollution at sites where \3M diSposed of or discharged PFCs have not been centralled or abated, and PFCs continue to spread in the environment. This injury and damage will continue into the future, unless and until the resources are restored. l4 01/18/2011 16:21 FAX 851 23? 4133 MT"! GENERAL lomoss CLAIMS FOR RELIEF COUNT ONE - DAMAGES UNDER MERLA I 49. The State rte-alleges all prior paragraphs of this Complaint. 50. Chapter 1153 of the Minnesota Statutes is known as the Minnesota Environmental Response and Liability Act, or MERLA. 51. Under MERLA, the State of Minnesota is the trustee of the air, water, and wildlife ofthe State. Minn. Stat. 1153.17, subd. 7. 52. Under Minn. Stat. 1153.17, subd. 7, an action pursuant to 1153.04 for damages with respect to air. water or wildlife may be brought by the Attorney General in the name of the State of Minnesota as trustee for the State's natural resources. 53. Under Minn. Stat. 1153.04, subd. Is, any person who is responsible for a release or threatened release of a hazardous substance from a facility is strictly liable, jointly and severally. for damages which result from the release or threatened release or to which the release or threatened release significantly conu-ibutes, including "(3) all damages for any injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss." 3M ' 54. is a "person who is reSponsible" for the release of PFCs into the environment under Minn. Stat. 1153.03, subd. 1 and subd. 3. This includes for the following reasons: a. With respect to the release of PFCs at the 3M Cottage Grove Site: i. SM is a responsible person under MERLA, Minn. Stat. 1153.03, subd. 1(1) and subd. 3(1)-(3) because 3M OWned and operated the site; engaged in the business of generating. storing, treating, and diSposing of wastes and wastes containing PFCs at the site; and knowingly permitted 1 15 01/18/2011 18221 FAX 851 237 4139 MTV GENERAL ION/036 use of the site for the regular disposal of wastes and for the disposal of wastes containing PFCs; ii. SM is a responsible person under MERLA, Minn. Stat. llSB.03, subd. 1(2) because it OWned or possessed waste containing PFCs and arranged, by contract, agreement, or otherwise, for the disposal. or I transport for disposal of the waste at the site; and iii. 3M is a responsible person under MERLA, Minn. Stat. llSB.O3, subd. 1(1) because it OWned and Operated facilities including pipes, equipment and installations at the site from which PFCs were released into the environment. b. SM is a responsible person under MERLA, Minn. Stat. 1153.03, subd. 1(2) for the release of PFCs from the 3M Oakdale Disposal Site because it owned or possessed waste containing l'FCs and arranged, by contract, agreement, or otherwise, for the disposal, or transport for disposal of the waste at the site. c. With respect to the release of PFCs at the 3M Woodbury Diaposal Site: i. 3M is a reSponsible person under MERLA, Minn. Stat. 1153.03, subd. 1(1) and subd. 3(l)-(3) because 3M owned and operated the site and knowingly permitted use of the site for the regular disposal of wastes and for the disposal of wastes containing PFCs; and ii. 3M is a responsible person under MERLA, Minn. Stat. 11513.03, subd. 1(2) because it and or possessed waste containing PFCs and arranged, by contract, agreement, or otherwise, for the diaposal, or transport for disposal of the waste at the site. 16 r 01/18/2011 18:21 FM 851 237 4138 7777 7 MTV GENERAL 121019! 036 (1. 3M is a responsible person under MERLA, Minn. Stat. 1153.03, subd. 1(2)' for the release of PFCs from the Washington County Landfill because it owned or possessed waste containing PFCs and arranged, by contract, agreement, or otherwise. for the diSpOsal, or transport for disposal of the waste at this landfill. The Washington County Landfill is a closed, mixed municipal waste landfill which was Operated under an MPCA permit by the Counties of Ramsey and Washington from approximately 1969 to 1975. This landfill is a "qualified facility" as defined in the Landfill Cleanup Act ("LON"). Under the LCA. the MPCA has assumed responsibility for long term environmental reSponse actions to address releases from the Washington County Landfill, including releases of PFCs. The LCA does not absolve 3M of liability under MERLA for any injury to, destruction of. or loss of natural resources associated with releases of PFCs fi`cm the Washington County Landfill. 55. Under Minn. Stat. 1153.02, subd. 15, "release" means any "spilling, leaking, pumping, p0uring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment which occurred at a point in time or which continues to occur." The "release" of PFCs as defined in Minn. Stat. 11513.02, subd. 15, has occurred and continues to occur at the sites where 3M disposed of wastes containing PFCs -- including at least the 3M Cottage Grove Site, the 3M Oakdale Disposal Site, the 3M Woodbury Disposal Site, and the Washington County Landfill --- including releases to groundwater, surface water and sediments. 56. Under Minn. Stat. llSB.02, subd. 8(3),. "hazardous substance" means "any hazardous waste." Under Minn. Stat. 1153.02, subd. 9 (l), "hazardous waste" means "any hazardous waste as defined in section 116.06, subdivision 1], and any substance identified as a hazardous waste pursuant to rules adopted by the agency under section 116.07." 17 7 01/18/2011 18:21 FAX 651 23? 4133 7 MT"! BENERML El 020f033 57. Under Minn. Stat. "6.06, subd. ll, "hazardous waste" means "any refuse, sludge, or other waste material or combinations of refuse, sludge or other waste materials in solid, semisolid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical. physical, or infectious characteristics may . . . (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed." 58. I PFCs released into the environment by 3M, including at and from the 3M Cottage Grove Site. the 3M Oakdale Disposal Site, the 3M Woodbury Disposal Site and the Washington County Landfill, including PFOA, PFOS, PFBA and PFBS, are hazardoua substances as defined in MERLA, Minn. Stat. 115B.02, subd. 8. PFCs are hazardous wastes, and therefore hazardous substances: PFCs pose a substantial present or: potential hazard to human health and the environment in the way that 3M managed its wastes and wastewater containing PFCs. Many studies of PFCs have identified actual and potential hazards to human health fi'orn eXposure to PFCs. The Minnesota Department of Health ("MDH"), and a number of other state and federal agencies and foreign countries, have used the available health information on PFCs to establish health-based drinking water standards for PFCs. MDH health-based standards are generally comparable to those set by other agencies that have set such standards. PFCs are found in soil and groundwater at four or more sites in Minnesota where 3M disposed of wastes containing PFCs. These `wastes were disposed of in unlined disposal areas, allowing PFCs to spread to groundwater in a 100 square mile area. PFCs in groundwater at and down gradient from the 3M disposal sites have exceeded MDH's healthvbased standards, including exceedances in both municipal and private drinking water wells. PFCs at.3M disposal sites at times have been 100 times higher than the health-based standards that MDH established. 18 01/13.!2011 18:21 FM! 851 297 4133 MTV GENERAL I021i038 MPCA's Soil Reference Values for PFCs have also been exceeded at the 3M disPosal sites. Additionally, 3M's disposal and discharge of PFCs has resulted in certain Minnesota surface waters being formally declared as impaired because of MDH advisories to limit human consumption of fish from those waters. PFCs are hazardous wastes and hazardous substances under MBRLA. 59. Under Minn. Stat 1153.02, subd. 5, the term "facility" means: a. any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container. motor vehicle, rolling stock, or aircraft; b. any watercrafi of any description, or other artificial contrivanee used or capable of being used as a means of transportation on water, 01' c. any site or area where a hazardous substance, or a pollutant or contaminant, has been deposited, stored, disposed of, or placed, or otherwise come to be located. The areas where 3M disposed of wastes containing PFCs, including the 3M Cottage Grove Site, the 3M Oakdale Disposal Site, and the 3M Woodbury Disposal Site; pipes, equipment and installations from which PFCs have been discharged at the 3M Cottage Grove Site; and the Washington County Landfill, are "facilities" as defined in MERLA, Minn. Stat. 1158.02, subd. 5. 60. Under Mimi. Stat. 1153.02, subd. 10. "natural resources" has the meaning set forth in Minn. Stat. "163.02, subd. 4. Under Minn. Stat. llB.02, subd. 4, "natural resources" "shall include, but not be limited to, all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational and historical resources. Scenic and eethetic resources shall also be considered natural resources when owned by any governmental unit or agency." Waters, . l9 011'18/2011 18221 FAX 851 23'? 4133 MTV BEHERM I022/033 soil, animals, and recreational resources are "natural resources" within`thc ferogoing definitions, and have been injured by 3M`s release of PFCs. 61. Under Minn. Stat. 1153.02, subd. 19, "water" has the meaning given to the term "waters of this state" in Minn. Stat. 115.01, subd. 22. Minn. Stat. 115.01, subd. 22 defines "waters of this state" as "all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, in-igation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof." The waters of the State, including surface water and underground water, have been injured by 3M`s release of PFCs within the meaning of the foregoing definitions. 62. 3M is: a) responsible for the release of a hazardous substance, namely PFCs, from facilities including at least the 3M Cottage Grove Site, the 3M Oakdale Disposal Site, the 3M Woodbury Disposal Site and the Washington County Landfill; and b) is strictly liable, jointly and severally, for the damages which resulted from the release or to which the releaSe or threatened release significantly contributed, including all damages for any injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction. or loss. Releases of PFCs into the environment from these facilities have resulted in, or have significantly contributed to, injury to, destruction of, or loss of natural resources of the State, including groundwater, surface water, sediments and aquatic life including fish. 3M's liability under Minn. Stat. 1153.04, subd. 1(3) also includes the State's reasonable costs of assessing such injury, destruction, or loss. 63. Releases of PFCs for which 3M is responsible have caused injury to, destruction of and loss of groundwater, surface water, sediments and aquatic life, including fish, and have 20 01le/2011 16221 FAX 851 29? 4139 MW GENERAL [023/033 resulted in loss of use, value, benefits and enjoyment of these resources by the State and its citizens and in the imposition of substantial costs to the public to meet current and future water Supply needs and restore impaired surface waters. 64. Pursuant to MERLA, Minn. Stat. 1153.04, subd. 1(3), the State is entitled to recover from 3M all damages incun'ed through the time of trial, and for all future damages, for injury to, destruction of, or IOSS of natural resources which have resulted from 3M's releases of PFCs into the environment, including releases at and from the 3M Cottage Grove Site, the 3M Oakdale Disposal Site, the 3M Woodbury DisPosal Site and the Washington County Landfill, or to which those releases significantly contributed, including the State's reasonable costs of assessing such injury, destruction, or loss. 65. Under Minn. Stat. 1153.14, SM is reSponsible for the State's costs, disbursements, and attorneys fees in bringing this action. COUNT TWO - DAMAGES UNDER THE MWPCA 66. The State rev-alleges all prior paragraphs of this complaint. 67- Sections 115.01 - "5.09 of the Minnesota Statutes are known as the Minnesota Water Pollution Control Act, or MWPCA. 68. Under Minn. Stat. 115.071, subd. 3(b), a person may be required to forfeit and pay to the state a sum which constitutes just compensation for any loss or destruction to wildlife, fish or other aquatic life and for other actual damages to the state caused by an unauthorized discharge of pollutants, where the discharge violates, among other things, provisions of the MWPCA or any rules promulgated by the Minnesota Pollution Control Agency. 69. Under Minn. Stat. 115.071, subd. 3 (b), "Any person who violates any provision of this chapter or chapter 114C or 116, . . . or of (1) any effluent standards and limitations or 21 0111812011 18:22 FAX 851 291` 4133 MW GENERAL @024/038 water quality standards, (2) any permit or term or condition thereof, (3) any national pollutant discharge elimination system filing requirements, (4) any duty to permit or carry out inspection, entry or monitoring activrties, or (5) any rules, stipulation agreements, variances, schedules of compliance, or ordws issued by the agency, - . ." may be required to "(b) forfeit and pay to the state an additional sum to constitute just compensation for any loss or destruction to wildlife, fish or other aquatic life and for other actual damages to the state caused by an unauthorized discharge of pollutants." 70. The damages provided for in section "5.071. subd. 3(b), may be recovered by a civil action brought by the Attorney General in the name of the State of Minnesota. 71. Under Minn. Stat. 115.01, subd. 10, a "person" includes a private corporation. 3M is a "person" within the meaning of Minn. Stat. 115.0l , subd. 10. 72. Under Minn. Stat. 115.01, subd. 4, "discharge" means "the addition of any pollutant to the waters of the state or to any diaposal system." Under Minn. Stat. "5.01, subd. 22, "waters of the state" means "all streams, lakes, ponds, marshes, watercourses, waterways, wells. springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof." 3M's disposal and discharge of PFCs have caused discharge of pollutants into waters of the State. 73. Discharges of PFCs into waters of the State, as defined in the MWPCA, Minn. Stat. 115.01, subd. 4, 5, (i and 22, including discharges to groundwater and surface water, have occurred and continue to occur, including at and from the 3M Cottage Grove Site, the 3M Oakdale Disposal Site, the 3M Woodbury Disposal Site and the Washington County 22 01/13f2011 16:22 FAX 851 237 4133 MT? GENERAL @025/033 Landfill. These discharges have polluted and adversely impacted groundwater, Surface water, and other natural resources in the Twin Cities area. 74. Under Minn. Stat. "5.01, subd. 12, "pollutant" means "any sewage, industrial waste, or other wastes, as defined in this chapter, discharged into a disposal system or to waters of the state." Under Minn. Stat. 115.01, subd. l3, "pollution of water," "water pollution," or "pollute the water" means: " (a) the discharge of any pollutant into any waters of the state or the contamination of any waters of the state so as to create a nuisance or render such waters unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to . public health, safety or Welfare, to domestic, agricultural, commercial, industrial, recreational Or other legitimate uses, or to livestock, animals, birds, fish or other aquatic life; or (b) the alteration made or induced by human activity of the chemical. physical, biological, or radiological integrity of waters of the state." PFCs discharged into waters of the State, including at and from the 3M Cottage Grove Site, the 3M Oakdale Disposal Site, the 3M Woodbury Disposal Site and the Washington County Landfill, including PFOA, PFOS, PFBA and PFBS, are pollutants as defined in the MWPCA, Minn. Stat 115.01, subd. 12. The releases of PFCs resulted in water pollution. ` 75. 3M's discharges of PPCs to waters of the state have violated rules promulgated under the MWPCA, including: ' a. Minn. R. 7050.0210, subp. 2. 3M's discharges of PFCs have resulted in listing of certain surface waters of the State as impaired and created offensive and harmful effects in groundwater; b. Minn. R. 7050,0210, subp. 13. 3M's discharges of PFCs into groundwater, as defined in the MWPCA. Minn. Stat. 115.01, subd. 6, were unauthorized and were in 23 01/18/2011 16222 FAX` 851 23? 4139 MTV BEHERHL IOZBXO3B such quantity and manner as to cause water pollution as defined in the MWPCA, Minn. Stat. "5.01, subd. 13; c Minn. R. 7053.0205, subp. 2. 3M's discharge of PFCs into waters of the State, as defined in the MWPCA, Minn. Stat. 115.01, subd. 9 and 22, caused nuisance conditions and other offensive or harrnfiil effects; and d. Minn. R. 7060.0600, subp. 2. 3M discharged PFCs in such places and in such a manner that PFCs have polluted underground waters, including the primary drinking water aquifers in the eastern metropolitan area, and have actually or potentially limited or precluded the use of underground waters as a potable water supply. 76. 3M's discharges of PFCs into waters of the State, including at and from the 3M Cottage Grove Site, the 3M Oakdale Disposal Site, the 3M Woodbury Disposal Site and the Washington County Landfill, were not authorized or permitted by the State. These discharges have resulted in, or have significantly contributed to, loss and destruction of fish or other aquatic life'and other actual damages to the State. 77. 3M's unauthorized discharges of PFC: have polluted waters of the State within the meaning of Minn. Stat. 115.01, subd. 13, by creating nuisance conditions; by rendering state waters unclean and impure so as to be actually or potentially harmful or detrimental to public health, safety, and welfare, or to domestic, commercial, meroational, or other legitimate uses; by altering the chemical integrity of the waters by human activity; and by rendering groundwater actually and potentially unavailable for drinking water purposes. 78. Pursuant to the MWPCA, Minn. Stat. 5 115.071, subd. 30;), SM is liable to pay the State just compensation for all loss and destruction of fish or other aquatic life and for all other actual damages to the State caused by its unauthorized discharges of rPFCs to waters of the 24 01I133'2011 16122 F" 651 28? 4133 MW GENERAL E] 027/036 State. Pursuant to the MWPCA, Mimi. Stat. 115.071, subd. 3(b), 3M may be required to forfeit and pay to the State just compensation for all less and destruction. through the time of trial, and in the fiiture, of fish and other aquatic life and for all other actual damages to the State caused by 3M's unauthonzed discharges of PFCs into waters of the State, including discharges at and from the 3M Cottage Grove Site, the 3M Oakdale Disposal Site, the 3M Woodbury Disposal Site and the Washington County Landfill, or to which such discharges significantly contributed, including the State's reasonable costs of assessing such loss, destruction, and other damages. 79. The damages caused by 3M's discharge of PFCs, including the injuries to and destruction and loss of use of the State of Minnesota's natural resources, are continuing. The sources of PFC pollution at sites where 3M disposed of or discharged PFCs have not been controlled or abated and I'FCs continue to spread in the environment. This injury and damage will continue into the future, unless and until the resources are restored. COUNT THREE - DAMAGES FOR TRESPASS 80. The State re-alleges all prior paragraphs of this Complaint. 8]. Groundwater, surface water, sediments. and aquatic life including fish are natural resources of the State of Minnesota, and the State of Minnesota is the trustee of these resources on behalf of its citizens, now and in the future. These natural resources are property of the State. 82. For decades, 3M disposed of wastes containing PFCs at various sites in the 'IVvin Cities metropolitan area, and discharged PFCs directly and indirectly into the Mississippi River. As a result of these actions, PFCs have entered and spread in and have contaminated groundwater, surface water and sediments in the 'hvin Cities metropolitan area of Minnesota and have contaminated aquatic life including fish in affected surface water. 25 01/13/2011 13122 FAX 351 23? 4133 MTV GENERAL .0233'038 83. The entry of 3M's PFCs into these natural resumes, which constitute property of the State of Minnesota, was unlawfiil. The State never authorized or permitted 3M to release PFCs into groundwater, surface water or sediments. Furthermore, 3M knew or should have known that its disposal and discharge of PFCs was substantially certain to result in PFCs entering and polluting these natural resumes of the State. 84. The entry of PFCs into the State's groundwater, surface water and sediments is continuing. The sources of PFC pollution at sites where 3M disposed of or discharged PFCs have not been controlled or abated and PFCs continue to spread in the environment. 85. The entry of 3M`s PFCs into the State's groundwater, surface water. sediments and the contamination of fish has injured and destroyed these natural resources, and resulted in a loss of the public's ability to use them for their normal and designated uses. Such injury to, desu'uction of and loss of use of these resources will continue into the fixture, unless and until the resources are restored. 86. 3M is liable for damages to compensate the State for the injury to, destruction of and loss of use of the State's natural resources caused by 3M's continuing trespass in the form of PFC contamination of the State's property. COUNT FOUR - DAMAGES FOR COMMON LAW NUISANCE 87. The State re-alleges all prior paragraphs of this Complaint. 88. The use. enjoyment and existence of the State's groundwater, surface water and sediments, free from interference, is a right common to the citizens of the State. 89. The contamination of groundwater, surface water and sediments with PFCs . materially and substantially interferes with State citizens' free enjoyment of these natural resources, and constitutes a public nuisance. 26 OWN/2011 18:22~ FM 651 25? 4133 MTV GENERAL I023/038 90. 3M knew or should have known that its disposal of wastes containing PFCs would pollute groundwater and surface water of the State, making them unavailable to the citizens of the State for their normal and designated uses, including as sources of drinking water and habitat for fish which may be consumed as food. * 91. The nuisance conditions described in this Complaint are continuing, and the sources of PFC pollution at sites where 3M disposed or discharged PFCs have not been controlled or abated and PFCs continue (to spread in the environment. 92. The impairment of the State's groundwater and surface water by PFC contamination has injured and destroyed these natural resources, and resulted in a loss of the public's ability to use them. Such injury to and destruction and loss of use of the State's natural resources will continue into the future, unless and until the resources are restored. 93. 3M is liable for damages to compensate the State for the injury, destruction and loss of use of the State's natural resources caused by the continuing-public nuisance created by PFC contamination of the State's property. COUNT FIVE - DAMAGES FOR STATUTORY NUISANCE 94. The State re-alleges all prior paragraphs of this Complaint. 95. Minn. Stat. 561.01 (2010) provides that: "[aJnything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance. An action may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recove ." 27 01/181'2011 18222 FAX 851 29? 4139 ATTY GENERAL I030/038 96. The use, enjoyment and existence of the State's groundwater, surface water and sediments, free from interference, is a right common to the people of the State. 97. The contamination of groundwater, surface water and sediments with PFCs materially and substantially interferes with citizens' free enjoyment of these natural resources, and constitutes a public nuisance. 98. 3M knew or should have known that its disposal of wastes containing PFCs would pollute groundwater and surface water of the State, making them unavailable to the people of the State for their normal and designated uses, including as sources of drinking water and habitat for fish which may be consumed as food. 99. The nuisance conditions describedin this Count are continuing. The sources of PFC pollution at sites where 3M disposed or discharged PFCs have not been controlled or abated and PFCs continue to spread in the environment. 100. The pollution of the State's groundwater and surface water by PFC centamination has injured and destroyed these natural resources, and resulted in a loss of the public's ability to use and enjoy them. Such injury to, destruction of and loss of use of natural resources will continue into the future, unless and until the resources are restored. 10!. 3M is liable for damages to compensate the State for the injury, destruction and loss of use and enjoyment of the State's natural resources caused by the continuing public nuisance created by PFC contamination of the State's property. COUNT SIX - DAMAGES FOR NEGLIGENCE 102. The State re-alleges all prior paragraphs of this Complaint. 28 01J13/201l 16122 FAX 651 287 4133 41g MW GENERAL I031/03B 103. At all times material to this Complaint, 3M owed to the State and its citizens a duty to dispose of PFC-containing wastes in a manner that would protect the public from reasonably foreseeable harm. 104. JM owed to the State and its citizens a duty to comply with Minnesota water protection rules and regulations. including but not limited to Minn. Rules 7050.0210, subp. 2 and 13; 70510205. subp. 2; and 7060.0600, subp. 2. 105. SM breached its duties set forth in this Complaint, by (I) disposing of PFC- containing wastes at various sites in the Twin Cities metropolitan area in Minnesota in circumstances in which it knew or should have known that PFCs were reasonably likely to be released from the disposal sites and reach the groundwater, surface water and sediments, and (2) discharging PFC-containing wastes directly or indirectly into the Mississippi River. l06. 3M`s conduct in breach of its duties has resulted in contamination of groundwater. surface water, sediments and aquatic life, including fish, with PFCs. This damage to the natural resources of the State was reasonably foreseeable to 3M. 3M breached its duties and knew or should have lcnown of the potentially harmful effects of PFC: on human health and the environment. l07. The injuries to natural resources described in this Complaint are centinuing because the sources of PFC pollution at sites where 3M disposed of or discharged PFCs have not been controlled or abated and PFCs continue to spread in the enviromnent. 108. The contamination of the State's groundwater, surface water, sediments and aquatic life. including fish, by 3M's releases of PFCs has injured and destroyed natural resources of the State, and resulted in a loss of the public`s ability to use those natural resources. Such 29 01/18/2011 18222 FAX 651 237 4139 ATTY GENERAL I032/033 injury to and destruction and loss of use is continuing and will continue into the funlre, unless and until the resources are restored. 109. 3M is liable for damages to compensate the State and its citizens for the injury to, destruction of, and loss of use of the State's naturalresourcel caused by 3M's negligence. PRAYER FOR RELIEF WHEREFORE, the State of Minnesota respectfirlly asks this Court to award judgment against Defendant 3M Company as follows: MERLA 1. Awarding judgment against Defendant under for damages for injury to, , destruction of, or loss of natural resources which resulted through the time of trial, and for all future damages, from releases of PFCs by 3M, or to which those releases significantly contributed, including the State's reasonable costs of assessing such injury, destruction, or loss; 2. Declaring that Defendant is responsible under MER'LA for all damages that the State may suffer in the future for injury to, destruction of, or loss of natural resources which result from releases of PFCs into the environment, or to which those releases significantly contribute, including the State's reasonable costs of assessing such injury, destruction, 0r loss; 3. Awarding judgment against Defendant under the MWPCA for just compensation for all less to or destruction of fish or other aquatic life and for all other actual damages to the State caused through the time of trial, and in the future, by 3M's unauthorized discharge of pollutants into waters of the State, or to which such discharges significantly contributed, including the State's reasonable costs of assessing such loss or destruction; -4. Declaring that Defendant is responsible under the MWPCA to pay just compensation for all less to or destruction of fish or other aquatic life and for all other actual damages to the State caused in the future by 3M's unauthorized discharge of pollutants into 30 011'18/2011 16223 FM 851 25? 4133 ATT`t` GENERAL I033f033 waters of the State. or to which these discharges siyrificantly contributed, including the State's reasonable costs of assessing such loss or destruction; 5. Awarding judgment against Defendant for damages for all injury to, destruction of and loss of use of the State's natural resources caused by 3M's continuing trespass in the form of contamination of the State`s property with PFCs, under the parens parriae doctrine, the general equitable powers of the court, and any other authority; 6. Awarding judgment against Defendant for damages for all injury to, destruction of and loss of use of the State's natural resources caused by the continuing common law and statutory nuisance created by JM's contamination of the State's property with PFCs, under the parens patriae doctrine, the general equitable powers of the court, and any other authority; 7` Awarding judgment against Defendant for damages to compensate the State for the injury to, destruction of and loss of use of the State's natural resources caused by 3M's negligent release of PFCs into the environment, under the parens patriae doctrine, the general equitable powers of the court, and any other authority; 8. Awarding the State its attomeys' fees, witness fees and costs and disbursements to bring this action as provided in MERLA, Minn. Stat. 1158.14 and other applicable law; and 31 01/18/2011 13223 FAX . c 651 29? 4133 MTV GENERAL 12] 034IO3B 9. Granting such other and further relief as provided by law and/or as the Court deems just and propor. Dated: [ 12 '~ ll Respectfully submitted, LORI SWAN SON Attorney Gcncral State of Minnesota // C. WILLIAIMS Assistant Attorney General Atty. Reg. No. 0117328 ROBERT B. ROCHE Assistant Attorney General Atty. Reg. No. 289589 445 Mimota Street, Suite 900 St. Paul, Minnesota 55101-2127 (651) 757-1390 (Voice) (651) 296-1410 ('I'TY) ATTORNEYS FOR PLAINTIFF STATE OF MINNESOTA 32 01/18/2011 18223 FAX 851 23? 4193 Q a) . MT"! BEHERHL I035I03B "(2"M WMlNN. STAT. 549.211 ACKNOWLEDGMENT The party or patties on whose behalf the attached document is sewed acknowledges through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. 549.211 (2010). Dated: I __ ROBERT B. ROCHE Assistant Attorney General Atty. Reg. No. 0289589 445 Minnesota Strcot, Suite 900 St. Paul, Minnesota 551014127 (651) 757-1372 (Voice) (651) 296-1410 (TTY) ` ATTORNEYS FOR PLAINTIFF STATE OF MINNESOTA AG: #2755923--vl 33