HF 1224

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to groundwater protection; providing
restrictions on the use of chloro-s-triazine
herbicides under certain circumstances; proposing
coding for new law in Minnesota Statutes, chapter 18B.

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

Section 1.

new text begin [18B.118] CONTINGENT RESTRICTIONS ON THE
APPLICATION OF ATRAZINE.
new text end

new text begin Subdivision 1. new text end

new text begin Policy statement; findings. new text end

new text begin The
legislature finds that contamination of surface water and
groundwater of the state by atrazine represents a growing and
unacceptable risk to the health and well-being of state
residents, especially infants and children. Approximately 25
percent of Minnesotans get their drinking water from private
wells drawing directly from groundwater. In addition, 90
percent of the public water supply systems use groundwater
sources. The clearly stated water quality protection policies
of the state have not been sufficient to protect this
groundwater. The legislature finds further that in those
locations where groundwater or surface water is contaminated by
atrazine herbicides, it is in the public interest to impose a
temporary moratorium on the further application of these
herbicides.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this
subdivision apply to this section.
new text end

new text begin (b) "Atrazine" means a chloro-s-triazine herbicide or an
herbicide mix containing more than five percent
chloro-s-triazine herbicide. For purposes of laboratory test
results, atrazine means atrazine as defined plus the principal
metabolites of atrazine: de-ethyl atrazine, deisopropyl
atrazine and diamino atrazine.
new text end

new text begin (c) "Manufacturer" means a commercial entity that registers
atrazine herbicide with the United States Environmental
Protection Agency or the commissioner of agriculture.
new text end

new text begin Subd. 3. new text end

new text begin Preapplication requirements; sampling;
laboratory testing. new text end

new text begin (a) A person must not apply atrazine to
agricultural land in Minnesota until the requirements of
paragraphs (b) to (e) have been met.
new text end

new text begin (b) Each manufacturer of a pesticide or herbicide
containing atrazine registered with the commissioner of
agriculture and offered for sale in Minnesota or applied to
agricultural land in Minnesota must provide to all persons
licensed to apply the herbicide in Minnesota information on how
to contact the manufacturer and forms on which the person may
indicate the intent to apply atrazine.
new text end

new text begin (c) At least 15 calendar days before a person applies
atrazine herbicide on agricultural land, the person must notify
the manufacturer of the intent to apply. The notice must
indicate the specific location and number of acres of each
proposed application site, the proposed date of the application,
the crop growing or to be grown at the site, the proposed
application rate, and other information the commissioner
requires. Upon receipt of a notification, the manufacturer must
initiate a site evaluation to determine any existing atrazine
contamination as provided in paragraph (d).
new text end

new text begin (d) The procedure for evaluating existing atrazine
contamination on or near the site of a proposed atrazine
application must include the collection of water or soil
samples. Each water or soil sample must be collected by a
trained sampler approved by the commissioner of health. The
sample must be tested in a laboratory designated by the
commissioner of health. The sampler must not be an employee of
the manufacturer. The manufacturer may contract for the
services of a qualified independent sampler or with counties to
collect the samples.
new text end

new text begin (e) If the site of the proposed atrazine application is a
contiguous area of less than 160 acres, a sample may be
collected at the outlet of a drainage tile serving the site. If
there exists on or within 1,000 feet of the site of the proposed
application a water well used as the source for potable
residential water or for livestock, a sample also must be drawn
from the well. If there is no potable water well and no tile
outlet or other available source for a sample, the sampler may
obtain a soil sample from an appropriate depth beneath the
surface of the site. For a proposed application site exceeding
160 contiguous acres, at least one sample must be collected from
each quarter-section of land.
new text end

new text begin Subd. 4. new text end

new text begin Moratorium on application when existing
contamination detected. new text end

new text begin If laboratory tests on a water sample
indicate atrazine contamination in excess of 0.15 parts per
billion or greater at the site of proposed atrazine application,
the laboratory must notify the property owner, the manufacturer,
the commissioner of health, and the person who provided notice
to the manufacturer that atrazine must not be applied at the
site until after further sampling and laboratory testing prove
negative for detectable amounts of atrazine.
new text end

new text begin Subd. 5. new text end

new text begin Atrazine water sampling and testing
surcharge. new text end

new text begin (a) For purposes of funding the water sampling and
testing program in subdivision 2, a surcharge is imposed on all
atrazine applied in Minnesota. The surcharge is equal to five
percent of annual gross sales of atrazine sold for application
in Minnesota or sold outside Minnesota but applied in the state.
new text end

new text begin (b) The surcharge must be paid to the commissioner of
agriculture for deposit in the atrazine account of the
agricultural fund, which fund is hereby established. Money in
the account is appropriated annually to the commissioner of
health to pay for expenses of atrazine water sampling,
laboratory tests, and directly related expenses.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective January 1, 2006.
new text end