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HF 807

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 05:19pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; prohibiting construction of schools near former landfills;
requiring notice by schools located near former landfills; amending Minnesota
Statutes 2020, section 123B.51, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 123B.51, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin School on landfill site; prohibition; notice. new text end

new text begin (a) No school may be constructed
on land that is located within one-quarter mile of a dump site or closed landfill.
new text end

new text begin (b) Beginning with the 2021-2022 school year, a school located within one-quarter mile
of a dump site or a closed landfill must annually provide written notice by regular mail no
later than 60 days before the beginning of the school year to parents of all students enrolled
at the school and to all employees who work at the school. The notice must state that the
school is located within one-quarter mile of a dump site or a closed landfill. The notice must
include a map drawn to scale depicting the school grounds and the dump site or closed
landfill perimeter. The school must display a link to the notice and the map on the main
home page of its website. The notice must also include, if available, the years of operation
of the dump site or closed landfill; the volume and type of waste deposited in the dump site
or closed landfill; any measure of the level of contamination of the soil, groundwater, or
air; and any mitigating action taken to reduce the level of risk to the environment and public
health.
new text end

new text begin (c) Paragraphs (a) and (b) do not apply if:
new text end

new text begin (1) soil gas on the school land has been sampled and tested by an independent contractor
using industry protocols for methane and all volatile organic chemicals on the agency's
current intrusion screening value list and, if the school is located on a dump site or closed
landfill, the school land has been sampled and tested for heavy metals on the agency's current
soil reference value list and for other materials known or suspected to have been deposited
in the dump site or closed landfill; and
new text end

new text begin (2) the agency, after reviewing the soil test results, issues a written determination to the
school district confirming that soil testing methods were properly conducted and that:
new text end

new text begin (i) the level of contamination measured for all chemicals sampled and tested are below
the agency's current intrusion screening values or soil reference values, as applicable, for
those chemicals for residential land;
new text end

new text begin (ii) additive health risks from multiple chemicals at the site are below the agency's
applicable risk standards and there is no evidence of risk from potential interactions among
multiple chemicals; and
new text end

new text begin (iii) if the soil is contaminated with methane, the concentration level of methane is below
0.5 percent by volume.
new text end

new text begin (d) For the purposes of this subdivision:
new text end

new text begin (1) "agency" means the Pollution Control Agency;
new text end

new text begin (2) "dump site" means:
new text end

new text begin (i) an unpermitted mixed municipal solid waste disposal site identified in the February
2001 Dump Assessment Study report to the legislature;
new text end

new text begin (ii) an unpermitted disposal site listed on the agency's website as a potentially
contaminated site; or
new text end

new text begin (iii) a site known by a county solid waste officer to have been an unpermitted mixed
municipal solid waste disposal site;
new text end

new text begin (3) "closed landfill" means a closed landfill site listed on the agency's website as a
potentially contaminated site; and
new text end

new text begin (4) "school" means buildings, playgrounds, and athletic fields used by students at a:
new text end

new text begin (i) public school as defined in section 120A.05, subdivisions 9, 11, 13, and 17; or
new text end

new text begin (ii) a charter school formed and operated under chapter 124E.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end