Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 261-H.F.No. 2828 
                  An act relating to health; modifying the authority of 
                  the commissioner to approve public water supplies; 
                  providing for administrative fines against large 
                  public water suppliers; amending Minnesota Statutes 
                  1996, sections 144.383; and 144.99, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 144.383, is 
        amended to read: 
           144.383 [AUTHORITY OF COMMISSIONER.] 
           In order to insure safe drinking water in all public water 
        supplies, the commissioner has the following powers: 
           (a) To approve the site, design, and construction and 
        alteration of all public water supply supplies and, for 
        community and non-transient non-community water systems as 
        defined in Code of Federal Regulations, title 40, section 141.2, 
        to approve documentation that demonstrates the technical, 
        managerial, and financial capacity of those systems to comply 
        with rules adopted under this section; 
           (b) To enter the premises of a public water supply, or part 
        thereof, to inspect the facilities and records kept pursuant to 
        rules promulgated by the commissioner, to conduct sanitary 
        surveys and investigate the standard of operation and service 
        delivered by public water supplies; 
           (c) To contract with boards of health as defined in section 
        145A.02, subdivision 2, created pursuant to section 145A.09, for 
        routine surveys, inspections, and testing of public water supply 
        quality; 
           (d) To develop an emergency plan to protect the public when 
        a decline in water quality or quantity creates a serious health 
        risk, and to issue emergency orders if a health risk is 
        imminent; 
           (e) To promulgate rules, pursuant to chapter 14 but no less 
        stringent than federal regulation, which may include the 
        granting of variances and exemptions. 
           Sec. 2.  Minnesota Statutes 1996, section 144.99, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ADMINISTRATIVE PENALTY ORDERS.] (a) The 
        commissioner may issue an order requiring violations to be 
        corrected and administratively assessing monetary penalties for 
        violations of the statutes, rules, and other actions listed in 
        subdivision 1.  The procedures in section 144.991 must be 
        followed when issuing administrative penalty orders.  Except in 
        the case of repeated or serious violations, the penalty assessed 
        in the order must be forgiven if the person who is subject to 
        the order demonstrates in writing to the commissioner before the 
        31st day after receiving the order that the person has corrected 
        the violation or has developed a corrective plan acceptable to 
        the commissioner.  The maximum amount of an administrative 
        penalty order is $10,000 for each violator for all violations by 
        that violator identified in an inspection or review of 
        compliance. 
           (b) Notwithstanding paragraph (a), the commissioner may 
        issue to a large public water supply, serving a population of 
        more than 10,000 persons, an administrative penalty order 
        imposing a penalty of at least $1,000 per day per violation, not 
        to exceed $10,000 for each violation of sections 144.381 to 
        144.385 and rules adopted thereunder. 
           Presented to the governor March 2, 1998 
           Signed by the governor March 4, 1998, 10:06 a.m.