2007 Minnesota Statutes

103H.275 MANAGEMENT OF POLLUTANTS WHERE GROUNDWATER IS
POLLUTED.
    Subdivision 1. Areas where groundwater pollution is detected. (a) If groundwater
pollution is detected, a state agency or political subdivision that regulates an activity causing or
potentially causing a contribution to the pollution identified shall promote implementation of best
management practices to prevent or minimize the source of pollution to the extent practicable.
(b) The Pollution Control Agency, or for agricultural chemicals and practices, the
commissioner of agriculture may adopt water source protection requirements under subdivision 2
that are consistent with the goal of section 103H.001 and are commensurate with the groundwater
pollution if the implementation of best management practices has proven to be ineffective.
(c) The water resources protection requirements must be:
(1) designed to prevent and minimize the pollution to the extent practicable;
(2) designed to prevent the pollution from exceeding the health risk limits; and
(3) submitted to the house of representatives and senate committees with jurisdiction over
the environment, natural resources, and agriculture.
    Subd. 2. Adoption of water resource protection requirements. (a) The Pollution Control
Agency, or for agricultural chemicals and practices, the commissioner of agriculture shall adopt
by rule water resource protection requirements that are consistent with the goal of section
103H.001 to prevent and minimize the pollution to the extent practicable. The proposed rule must
be submitted to the house of representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture before adoption. The water resource protection
requirements must be based on the use and effectiveness of best management practices, the
product use and practices contributing to the pollution detected, economic factors, availability,
technical feasibility, implementability, and effectiveness. The water resource protection
requirements may be adopted for one or more pollutants or a similar class of pollutants. A water
resource protection requirement may not be adopted before January 1, 1991.
(b) Before the water resource protection requirements are adopted, the Pollution Control
Agency or the commissioner of agriculture for agricultural chemicals and practices must notify
affected persons and businesses for comments and input in developing the water resource
protection requirements.
(c) Unless the water resource protection requirements are to cover the entire state, the water
resource protection requirements are only effective in areas designated by the commissioner
of the Pollution Control Agency by order or for agricultural chemicals and practices in areas
designated by the commissioner of agriculture by order. The procedures for issuing the order and
the effective date of the order must be included in the water resource protection requirements rule.
(d) The water resource protection requirements rule must contain procedures for notice to
be given to persons affected by the rule and order of the commissioner. The procedures may
include notice by publication, personal service, and other appropriate methods to inform affected
persons of the rule and commissioner's order.
(e) A person who is subject to a water resource protection requirement may apply to the
Pollution Control Agency, or for agricultural chemicals and practices the commissioner of
agriculture, and suggest an alternative protection requirement. Within 60 days after receipt, the
agency or commissioner of agriculture must approve or deny the request. If the Pollution Control
Agency or commissioner of agriculture approves the request, an order must be issued approving
the alternative protection requirement.
(f) A person who violates a water resource protection requirement relating to pollutants, other
than agricultural chemicals, is subject to the penalties for violating a rule adopted under chapter
116. A person who violates a water resource protection requirement relating to agricultural
chemicals and practices is subject to the penalties for violating a rule adopted under chapter 18D.
History: 1989 c 326 art 1 s 10; 1999 c 86 art 3 s 12