SF 1236

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; providing for land 
  1.3             application of agricultural chemical contaminated 
  1.4             media; amending Minnesota Statutes 1994, section 
  1.5             18D.01, by adding a subdivision; proposing coding for 
  1.6             new law in Minnesota Statutes, chapter 18D. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 18D.01, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 3a.  [CONTAMINATED MEDIA.] "Contaminated media" is 
  1.11  any soil, water, sediment, debris, or other material which 
  1.12  contains an agricultural chemical at a concentration that may 
  1.13  cause unreasonable adverse effects on the environment and is not 
  1.14  the result of a legal use, as determined by the commissioner. 
  1.15     Sec. 2.  [18D.1052] [LAND APPLICATION OF AGRICULTURAL 
  1.16  CHEMICAL CONTAMINATED SOIL AND OTHER MEDIA.] 
  1.17     Subdivision 1.  [APPLICATION OF CONTAMINATED MEDIA.] The 
  1.18  commissioner may, upon request, provide a written authorization 
  1.19  to a responsible party, owner of real property, or other person 
  1.20  for land application of contaminated media.  A written land 
  1.21  application request must be submitted to and approved by the 
  1.22  commissioner in the form prescribed by the commissioner prior to 
  1.23  any land application.  The commissioner may approve a land 
  1.24  application request if it is determined that the land 
  1.25  application will not cause unreasonable adverse effects on the 
  1.26  environment.  All authorizations must prescribe appropriate 
  2.1   application rates and other operational control practices to 
  2.2   protect human health and the environment and must identify each 
  2.3   site where land application is authorized. 
  2.4      Subd. 2.  [EXCEPTIONS.] Land applications specifically 
  2.5   allowed under a state or federal permit, license, or other 
  2.6   written approval by an authorized state or federal agency are 
  2.7   exempt from this section.  In the event of an emergency or for 
  2.8   small quantities of contaminated media, as determined by the 
  2.9   commissioner, contaminated media may be land applied without 
  2.10  prior written approval if the actions are orally approved by the 
  2.11  commissioner prior to the application.  The commissioner will 
  2.12  confirm the oral approval in writing within three business days.