as introduced - 86th Legislature (2009 - 2010) Posted on 03/03/2010 04:42pm
A bill for an act
relating to water; requiring disclosure of contaminated wells and special well
construction areas; requiring perfluorochemical testing of new wells in certain
areas; amending Minnesota Statutes 2008, section 103I.236; proposing coding
for new law in Minnesota Statutes, chapter 103I.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 103I.236, is amended to read:
new text begin (a) new text end Before signing an agreement to sell or transfer real property deleted text begin in Washington
Countydeleted text end that is not served by a municipal water system, the seller must state in writing to
the buyer whether, to the seller's knowledge, the property is located within a special well
construction area designated by the commissioner of health under Minnesota Rules, part
4725.3650. If the disclosure under section 103I.235, subdivision 1, paragraph (a), states
that there is an unsealed well on the property, the disclosure required under this clause
must be made regardless of whether the property is served by a municipal water system.
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(b) Before signing an agreement to sell or transfer real property that is not served
by a municipal water system, the seller must state in writing to the buyer whether, to the
seller's knowledge, the property contains a well known to be contaminated.
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The commissioner of health shall notify, by mail, local governments and property
owners within a special well construction area designated under Minnesota Rules, part
4725.3650, at least once every two years. The notice must contain information stating that
the property lies within a special well construction area, general information about special
well construction areas, and the notification requirements under section 103I.236.
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The commissioner of health shall amend Minnesota Rules, part 4725.5650, to require
a person who constructs a new potable water-supply well in a special well construction area
where perfluorochemicals have been found to ensure that a water sample is taken within
30 days of construction and that the well indicates the absence of perfluorochemicals.
The amendments to the rules are exempt from the rulemaking provisions of Minnesota
Statutes, chapter 14, and are exempt from Minnesota Statutes, section 14.386.
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