HF 2828

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying the authority of the 
  1.3             commissioner to approve public water supplies; 
  1.4             providing for administrative fines against large 
  1.5             public water suppliers; amending Minnesota Statutes 
  1.6             1996, sections 144.383; and 144.99, subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 144.383, is 
  1.9   amended to read: 
  1.10     144.383 [AUTHORITY OF COMMISSIONER.] 
  1.11     In order to insure safe drinking water in all public water 
  1.12  supplies, the commissioner has the following powers: 
  1.13     (a) To approve the site, design, and construction and 
  1.14  alteration of all public water supply supplies and, for 
  1.15  community and non-transient non-community water systems as 
  1.16  defined in Code of Federal Regulations, title 40, section 141.2, 
  1.17  to approve documentation that demonstrates the technical, 
  1.18  managerial, and financial capacity of those systems to comply 
  1.19  with rules adopted under this section; 
  1.20     (b) To enter the premises of a public water supply, or part 
  1.21  thereof, to inspect the facilities and records kept pursuant to 
  1.22  rules promulgated by the commissioner, to conduct sanitary 
  1.23  surveys and investigate the standard of operation and service 
  1.24  delivered by public water supplies; 
  1.25     (c) To contract with boards of health as defined in section 
  1.26  145A.02, subdivision 2, created pursuant to section 145A.09, for 
  2.1   routine surveys, inspections, and testing of public water supply 
  2.2   quality; 
  2.3      (d) To develop an emergency plan to protect the public when 
  2.4   a decline in water quality or quantity creates a serious health 
  2.5   risk, and to issue emergency orders if a health risk is 
  2.6   imminent; 
  2.7      (e) To promulgate rules, pursuant to chapter 14 but no less 
  2.8   stringent than federal regulation, which may include the 
  2.9   granting of variances and exemptions. 
  2.10     Sec. 2.  Minnesota Statutes 1996, section 144.99, 
  2.11  subdivision 4, is amended to read: 
  2.12     Subd. 4.  [ADMINISTRATIVE PENALTY ORDERS.] (a) The 
  2.13  commissioner may issue an order requiring violations to be 
  2.14  corrected and administratively assessing monetary penalties for 
  2.15  violations of the statutes, rules, and other actions listed in 
  2.16  subdivision 1.  The procedures in section 144.991 must be 
  2.17  followed when issuing administrative penalty orders.  Except in 
  2.18  the case of repeated or serious violations, the penalty assessed 
  2.19  in the order must be forgiven if the person who is subject to 
  2.20  the order demonstrates in writing to the commissioner before the 
  2.21  31st day after receiving the order that the person has corrected 
  2.22  the violation or has developed a corrective plan acceptable to 
  2.23  the commissioner.  The maximum amount of an administrative 
  2.24  penalty order is $10,000 for each violator for all violations by 
  2.25  that violator identified in an inspection or review of 
  2.26  compliance. 
  2.27     (b) Notwithstanding paragraph (a), the commissioner may 
  2.28  issue to a large public water supply, serving a population of 
  2.29  more than 10,000 persons, an administrative penalty order 
  2.30  imposing a penalty of at least $1,000 per day per violation, not 
  2.31  to exceed $10,000 for each violation of sections 144.381 to 
  2.32  144.385 and rules adopted thereunder.