HF 3919

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

A bill for an act
relating to environment; providing for reimbursement of cleanup costs for certain
petroleum tank releases; amending Minnesota Statutes 2005 Supplement, section
115C.09, subdivision 3h.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 115C.09, subdivision 3h,
is amended to read:

Subd. 3h.

Reimbursement; aboveground tanks in bulk plants.

(a) As used in
this subdivision, "bulk plant" means an aboveground or underground tank facility with a
storage capacity of more than 1,100 gallons but less than 1,000,000 gallons that is used to
dispense petroleum into cargo tanks for transportation and sale at another location.

(b) Notwithstanding any other provision in this chapter and any rules adopted
pursuant to this chapter, the board shall reimburse 90 percent of an applicant's cost for
bulk plant upgrades or closures completed between June 1, 1998, and November 1, 2003,
to comply with Minnesota Rules, chapter 7151, provided that the board determines
the costs were incurred and reasonable. The reimbursement may not exceed $10,000
per bulk plant. The board may provide reimbursement under this paragraph for work
completed after November 1, 2003, if the work was contracted for prior to that date and
was not completed by that date as a result of an unanticipated situation, provided that
an application for reimbursement under this paragraph, which may be a renewal of an
application previously denied, is submitted prior to December 31, 2005.

(c) For corrective action at a bulk plant located on what is or was railroad
right-of-way, the board shall reimburse 90 percent of total reimbursable costs on the first
$40,000 of reimbursable costs and 100 percent of any remaining reimbursable costs when
the applicant can document that more than one bulk plant was operated on the same
section of right-of-way, as determined by the commissioner of commerce.

new text begin (d) Notwithstanding any other provision in this chapter and any rules adopted under
this chapter, for corrective action at an operating bulk plant located within a wellhead
protection area designated by the Department of Health that contaminates one or more
wells that is a source of drinking water for a community water system, the board shall
reimburse 90 percent of an applicant??a??a??s costs on the first $40,000 of reimbursable costs and
100 percent of any remaining reimbursable costs up to $3,000,000.
new text end

new text begin (e) The board shall reimburse an applicant??a??a??s cost to relocate an operating bulk plant
when all of the following conditions are met:
new text end

new text begin (1) the bulk plant is currently located in a wellhead protection area designated by
the Department of Health and will be relocated in an area that is not within a wellhead
protection area;
new text end

new text begin (2) the bulk plant is a source of groundwater contamination to one or more wells
that is a source of drinking water for a community water system, as determined by the
commissioner of the Pollution Control Agency;
new text end

new text begin (3) the cost of relocating the bulk plant does not exceed $55,000; and
new text end

new text begin (4) an investigation of the bulk plant as a source of groundwater contamination was
previously closed by the Pollution Control Agency and reopened when groundwater
contamination was detected in one or more wells that is a source of drinking water for a
community water system.
new text end

new text begin (f) For purposes of this subdivision, "community water system" has the meaning
given in United States Code, title 42, section 300f, paragraph (15).
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