HF 953

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/10/2021 04:06pm

A bill for an act
relating to environment; requiring public notice of wastewater overflows, bypasses,
and releases from publicly owned treatment works; 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) Immediately after notifying the agency of a sanitary sewer facility overflow,
wastewater bypass, or wastewater release, a publicly owned treatment works permittee must
provide notice of the event to the public and to any drinking water facility downstream of
the permittee that may be impacted by the event. In addition, the permittee must immediately
post a written notice at each area used by the public, such as swimming beaches, boat
launches, and playgrounds, where the area may be directly impacted by released material.
A notice under this paragraph must include the date and time of the release and the volume
of released material; a description of the nature of the material released; and the permittee's
contact information. Notice to the public and drinking water facilities must be made directly
by any feasible means such as in person, phone call, radio, social media, or other expedited
form. Notice must also be posted electronically on the permittee's website and provided
directly to any person requesting notification. The permittee must maintain a list of persons
requesting notification. When the overflow, bypass, or release ends and initial corrective
actions to manage the overflow, bypass, or release are completed, the permittee must provide
a second notice in the same manner as each of the initial notices. The second notice must
include information on the end of the overflow, bypass, or release; corrective actions taken;
and follow-up monitoring that may occur. Wastewater permits issued or renewed on or after
the effective date of this section must include language requiring notices according to this
paragraph.
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