HF 2925

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring agencies to report 
  1.3             contaminants to the Department of Health; requiring 
  1.4             public notification when drinking water contaminants 
  1.5             exceed certain levels; amending Minnesota Statutes 
  1.6             2002, sections 103A.204; 103H.201, by adding a 
  1.7             subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 103A.204, is 
  1.10  amended to read: 
  1.11     103A.204 [GROUNDWATER POLICY.] 
  1.12     (a) The responsibility for the protection of groundwater in 
  1.13  Minnesota is vested in a multiagency approach to management.  
  1.14  The following is a list of agencies and the groundwater 
  1.15  protection areas for which the agencies are primarily 
  1.16  responsible; the list is not intended to restrict the areas of 
  1.17  responsibility to only those specified: 
  1.18     (1) Environmental Quality Board:  creation of a water 
  1.19  resources committee to coordinate state groundwater protection 
  1.20  programs and a biennial groundwater policy report beginning in 
  1.21  1994 that includes, for the 1994 report, the findings in the 
  1.22  groundwater protection report coordinated by the Pollution 
  1.23  Control Agency for the Environmental Protection Agency; 
  1.24     (2) Pollution Control Agency:  water quality 
  1.25  monitoring and, reporting and the development of best management 
  1.26  practices and regulatory mechanisms for protection of 
  2.1   groundwater from nonagricultural chemical contaminants, and 
  2.2   reporting health risk limits and maximum contaminant levels 
  2.3   exceedents to the Department of Health; 
  2.4      (3) Department of Agriculture:  sustainable agriculture, 
  2.5   integrated pest management, water quality monitoring, and the 
  2.6   development of best management practices and regulatory 
  2.7   mechanisms for protection of groundwater from agricultural 
  2.8   chemical contaminants, and reporting health risk limits and 
  2.9   maximum contaminant levels exceedents to the Department of 
  2.10  Health; 
  2.11     (4) Board of Water and Soil Resources:  reporting on 
  2.12  groundwater education and outreach with local government 
  2.13  officials, local water planning and management, and local cost 
  2.14  share programs; 
  2.15     (5) Department of Natural Resources:  water quantity 
  2.16  monitoring and regulation, sensitivity mapping, and development 
  2.17  of a plan for the use of integrated pest management and 
  2.18  sustainable agriculture on state-owned lands; and 
  2.19     (6) Department of Health:  regulation of wells and borings, 
  2.20  and the development of health risk limits under section 103H.201 
  2.21  , and public notification when groundwater pollution is 
  2.22  determined to exceed health risk limits under section 103H.201 
  2.23  or maximum contaminant levels under section 144.384. 
  2.24     (b) The Environmental Quality Board shall through its Water 
  2.25  Resources Committee coordinate with representatives of all 
  2.26  agencies listed in paragraph (a), citizens, and other interested 
  2.27  groups to prepare a biennial report every even-numbered year as 
  2.28  part of its duties described in sections 103A.43 and 103B.151. 
  2.29     Sec. 2.  Minnesota Statutes 2002, section 103H.201, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 5.  [NOTIFICATION OF COMMISSIONER AND PUBLIC 
  2.32  NOTICE.] (a) If groundwater pollution is determined to exceed 
  2.33  health risk limits or maximum contaminant levels, the 
  2.34  commissioner of the Pollution Control Agency, or for 
  2.35  agricultural chemicals and practices, the commissioner of 
  2.36  agriculture, must notify the commissioner of health immediately 
  3.1   by electronic mail, telephone, or other appropriate methods of 
  3.2   communication.  Notice in writing must be sent to the 
  3.3   commissioner of health no later than three days after 
  3.4   confirmation of pollution exceeding health risk limits or 
  3.5   maximum contaminant levels is found. 
  3.6      (b) The commissioner of health must notify the public of 
  3.7   pollution levels immediately upon receiving notification under 
  3.8   paragraph (a), or upon a finding by the commissioner that 
  3.9   maximum contaminant levels or health risk limits have been 
  3.10  exceeded.  If both maximum contaminant levels and health risk 
  3.11  limits have been exceeded, the commissioner must notify the 
  3.12  public of the most excessive pollution level.  The commissioner 
  3.13  may rely on electronic media, including television or radio, and 
  3.14  print media to provide immediate notice, but no later than five 
  3.15  days after receiving notification under paragraph (a) or after a 
  3.16  finding by the commissioner that maximum contaminant levels or 
  3.17  health risk limits have been exceeded, the commissioner must 
  3.18  notify in writing any owner, manager, or user of the affected 
  3.19  water source, including, but not limited to: 
  3.20     (1) a private well owner; 
  3.21     (2) a water supply manager; or 
  3.22     (3) a local government unit as defined under section 
  3.23  103G.005, subdivision 10e.