Minnesota Administrative Rules

4761.2540 BARE SOIL ANALYSES WITHIN AN URBAN CENSUS TRACT.

Subpart 1.

Multisite soil sampling.

An assessing agency may collect and analyze bare soil samples in an urbanized area to determine lead contamination. If performed according to the criteria in subpart 2, and if at least 25 percent of the soil samples have lead concentrations that exceed the standard in part 4761.2510, subpart 3, the assessing agency may issue lead orders for bare soil for any subsequent lead risk assessments in the area without further sampling and analyses of soil. If a property owner requests that soil sampling be performed before the issuance of a lead order, the assessing agency must comply with that request.

Subp. 2.

Sampling criteria.

A.

An assessing agency must collect and analyze bare soil samples for purposes of subpart 1 according to this subpart.

B.

The area sampled must be in a standard metropolitan statistical area and must be no greater than a census tract.

C.

A map of the area must be prepared that shows the location of residences, boulevards, streets, alleys, schools, play areas, and all areas of bare soil.

D.

Twelve samples must be collected from within three feet of foundations. Separate composite samples must be collected from areas in residential yards in which children play.

E.

A soil sample must be collected according to documented methodologies.

F.

A standard soil sampling tube or a putty knife is an acceptable sampling tool. The sampling tool must be cleaned before each use.

G.

Soil samples must be labeled so that the following information is provided for each sample:

(1)

a sample identification number;

(2)

the sampling date;

(3)

the street address, including city or township and county, where the sample was collected;

(4)

the census tract number;

(5)

the name of the individual doing the sampling; and

(6)

the soil sample location.

H.

An assessing agency must notify the commissioner within 30 days after determining an urban census tract meets the criteria in subpart 1.

I.

An assessing agency must prepare a report describing how and where the samples were collected. The assessing agency must provide a copy of the report at no cost to the commissioner upon request. The assessing agency must retain the report for as long as it is the basis for issuing lead orders without additional soil sampling.

Statutory Authority:

MS s 144.9508

History:

29 SR 531

Published Electronically:

November 29, 2004