HF 4408

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 02:22pm

A bill for an act
relating to environment; modifying requirements to notify of water pollution;
amending Minnesota Statutes 2020, section 115.061.

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

Section 1.

Minnesota Statutes 2020, section 115.061, is amended to read:

115.061 DUTY TO NOTIFY; AVOIDING WATER POLLUTION.

(a) Except as provided in paragraph (b), it is the duty of every person to notify the agency
immediately of the discharge, accidental or otherwise, of any substance or material under
its control which, if not recovered, may cause pollution of waters of the state, and the
responsible person shall recover as rapidly and as thoroughly as possible such substance or
material and take immediately such other action as may be reasonably possible to minimize
or abate pollution of waters of the state caused thereby.

(b) Notification is not required under paragraph (a) for a discharge of five gallons or
less of petroleum, as defined in section 115C.02, subdivision 10. This paragraph does not
affect the other requirements of paragraph (a).

new text begin (c) Promptly after notifying the agency of a discharge under paragraph (a), a publicly
owned treatment works or a publicly or privately owned domestic sewer system owner must
provide notice to the potentially impacted public and to any downstream drinking water
facility that may be impacted by the discharge. Notice to the public and to any drinking
water facility must be made using the most efficient communications system available to
the facility owner such as in person, phone call, radio, social media, web page, or another
expedited form. In addition, signs in sufficient number to alert the public must be posted at
all impacted public use areas within the same jurisdiction or notice must be provided to the
entity that has jurisdiction over any impacted public use areas. A notice under this paragraph
must include the date and time of the discharge, a description of the material released, a
warning of the potential public health risk, and the permittee's contact information. The
agency must provide guidance that includes but is not limited to methods and protocols for
providing timely notice under this section.
new text end