HF 1335

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 03:44pm

A bill for an act
relating to environment; modifying requirements to notify of water pollution;
amending Minnesota Statutes 2022, section 115.061.

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

Section 1.

Minnesota Statutes 2022, 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, telephone call, radio, social media, web page, or another
expedited form. In addition, signage must be posted at all impacted public use areas within
the same jurisdiction or notification 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.
new text end

new text begin (d) 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