HF 3997

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to environment; prohibiting siting of land disposal facilities in certain
areas; proposing coding for new law in Minnesota Statutes, chapter 115A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [115A.9175] LANDFILL; SITING.
new text end

new text begin (a) An applicant for a permit for a solid waste land disposal facility (1) that was
not in operation prior to March 1, 2008, and (2) at which solid waste, industrial waste,
hazardous waste, or ash are proposed to be accepted for disposal must submit as part of
the application the results of an independent laboratory analysis for major cations and
anions and for tritium in water samples taken from an upgradient and downgradient well
finished in the uppermost unconsolidated aquifer encountered, and an upgradient and
downgradient well finished in the uppermost bedrock aquifer at the site. If 150 feet of
continuous nonaquifer material is encountered above the bedrock, testing of bedrock wells
is not required. If no unconsolidated or bedrock aquifers are found within the first 150 feet
at the site, no cation, anion, or tritium testing is required.
new text end

new text begin (b) The commissioner may not issue a solid waste land disposal facility permit to an
applicant whose test results for tritium required in paragraph (a) report concentrations of
five tritium units or greater in any well tested, except as provided in paragraph (c).
new text end

new text begin (c) If test results report concentrations of five tritium units or greater for any well,
an applicant may present to the commissioner reasons, and supporting documentation,
why the tritium test results may not indicate that the site is highly sensitive to groundwater
contamination at the site. If the commissioner determines that the applicant's reasons
and supporting documentation are scientifically valid, the commissioner shall specify
additional testing of groundwater samples from the site that will allow a better estimate to
be made of the sensitivity of groundwater contamination at the site. If, after reviewing
the additional data, the commissioner determines that the conclusion that the site is not
highly sensitive to groundwater contamination is supported by a preponderance of the
scientifically valid evidence available, the commissioner may issue the permit.
new text end

new text begin For the purposes of this section, "highly sensitive to groundwater contamination"
means that the travel time of water from the land surface to the water table or bedrock is
less than 20 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end