Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1989, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989
CHAPTER 326-S.F.No. 262
An act relating to protection of groundwater;
protecting sensitive areas; promoting and requiring
certain best management practices; providing financial
assistance for certain groundwater protection
activities; authorizing local government groundwater
and resource protection programs; establishing a
legislative water commission; providing for
determination of water research needs; developing a
water education curriculum; regulating wells, borings,
and underground drillings and uses; regulating water
conservation, water appropriations, and setting fees;
establishing regulations, enforcing violations, and
establishing civil and criminal penalties for
violations relating to pesticide, fertilizer, soil
amendment, and plant amendment manufacture, storage,
sale, use, and misuse; providing a mechanism to aid
cleanup and response to incidents relating to
agricultural chemicals; providing a task force
relating to sustainable agriculture; providing
penalties; appropriating money; amending Minnesota
Statutes 1988, sections 18B.01, subdivisions 5, 12,
15, 19, 21, 26, 30, and by adding subdivisions;
18B.04; 18B.07, subdivisions 2, 3, 4, and 6; 18B.08,
subdivisions 1, 3, and 4; 18B.26, subdivisions 1, 3,
5, and by adding a subdivision; 18B.31, subdivisions
1, 3, and 5; 18B.32, subdivision 2; 18B.33,
subdivisions 1, 3, and 7; 18B.34, subdivisions 1, 2,
and 5; 18B.36, subdivisions 1 and 2; 18B.37,
subdivisions 1, 2, 3, and 4; 40.42, by adding a
subdivision; 40.43, subdivisions 2 and 6; 43A.08,
subdivision 1; 105.41, subdivisions 1, 1a, 1b, 5, and
by adding a subdivision; 105.418; 110B.04, subdivision
6; 110B.35, subdivision 3; 115B.20; 116C.41,
subdivision 1, and by adding a subdivision; and
473.877, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapters 3; 17; 18B;
and 40; proposing coding for new law as Minnesota
Statutes, chapters 18C; 18D; 18E; 103A; 103B; 103H;
and 103I; repealing Minnesota Statutes 1988, sections
17.711 to 17.73; 18A.49; 18B.15; 18B.16; 18B.18;
18B.19; 18B.20; 18B.21; 18B.22; 18B.23; 18B.25; 84.57
to 84.621; 105.51, subdivision 3; and 156A.01 to
156A.11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHAPTER 103H
GROUNDWATER PROTECTION
Section 1. [103H.001] [DEGRADATION PREVENTION GOAL.]
It is the goal of the state that groundwater be maintained
in its natural condition, free from any degradation caused by
human activities. It is recognized that for some human
activities this degradation prevention goal cannot be
practicably achieved. However, where prevention is practicable,
it is intended that it be achieved. Where it is not currently
practicable, the development of methods and technology that will
make prevention practicable is encouraged.
Sec. 2. [103H.005] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to this chapter.
Subd. 2. [AGRICULTURAL CHEMICAL.] "Agricultural chemical"
means a pesticide, fertilizer, plant amendment, or soil
amendment.
Subd. 3. [HEALTH RISK LIMITS.] "Health risk limits" means
a concentration of a substance or chemical adopted by rule of
the commissioner of health that is a potential drinking water
contaminant because of a systemic or carcinogenic toxicological
result from consumption.
Subd. 4. [BEST MANAGEMENT PRACTICES.] "Best management
practices" means practicable voluntary practices that are
capable of preventing and minimizing degradation of groundwater,
considering economic factors, availability, technical
feasibility, implementability, effectiveness, and environmental
effects. Best management practices apply to schedules of
activities; design and operation standards; restrictions of
practices; maintenance procedures; management plans; practices
to prevent site releases, spillage, or leaks; application and
use of chemicals; drainage from raw material storage; operating
procedures; treatment requirements; and other activities causing
groundwater degradation.
Subd. 5. [COMMON DETECTION.] "Common detection" means
detection of a pollutant that is not due to misuse or unusual or
unique circumstances, but is likely to be the result of normal
use of a product or a practice.
Subd. 6. [DEGRADATION.] "Degradation" means changing
groundwater from its natural condition by human activities.
Subd. 7. [FERTILIZER.] "Fertilizer" has the meaning given
in article 6, section 2, subdivision 11.
Subd. 8. [GROUNDWATER.] "Groundwater" means groundwater as
defined in section 115.01, subdivision 21.
Subd. 9. [PESTICIDE.] "Pesticide" has the meaning given in
section 18B.01, subdivision 18.
Subd. 10. [PLANT AMENDMENT.] "Plant amendment" has the
meaning given in article 6, section 2, subdivision 25.
Subd. 11. [POLLUTANT.] "Pollutant" means a chemical or
substance for which a health risk limit has been adopted.
Subd. 12. [POLLUTION.] "Pollution" means degradation of
groundwater by a pollutant.
Subd. 13. [SENSITIVE AREA.] "Sensitive area" means a
geographic area defined by natural features where there is a
significant risk of groundwater degradation from activities
conducted at or near the land surface.
Subd. 14. [SOIL AMENDMENT.] "Soil amendment" has the
meaning given in article 6, section 2, subdivision 34.
Subd. 15. [WATER RESOURCE PROTECTION REQUIREMENTS.] "Water
resource protection requirements" means requirements adopted by
rule for one or more pollutants intended to prevent and minimize
pollution of groundwater. Water resource protection
requirements include design criteria, standards, operation and
maintenance procedures, practices to prevent releases, spills,
leaks, and incidents, restrictions on use and practices, and
treatment requirements.
PROTECTION OF SENSITIVE AREAS
Sec. 3. [103H.101] [PROTECTION OF SENSITIVE AREAS.]
Subdivision 1. [CRITERIA FOR DETERMINATION OF SENSITIVE
AREAS.] The commissioner of natural resources in consultation
with the Minnesota geological survey, soil and water
conservation districts, local water planning authorities, and
other interested parties shall develop specific criteria for
identifying sensitive groundwater areas and adopt the criteria
by rule.
Subd. 2. [IDENTIFICATION OF SENSITIVE AREAS.] The
commissioner of natural resources shall, in consultation with
the Minnesota geological survey, identify the location of
sensitive areas by mapping and other appropriate methods after
consulting the Minnesota geological survey, soil and water
conservation districts, and local water planning authorities.
Subd. 3. [NOTIFICATION OF LOCATION OF SENSITIVE
AREAS.] The commissioner of natural resources shall:
(1) notify political subdivisions with planning or zoning
authority and provide maps and other materials that show where
sensitive areas are located and indicate the type of risk of
groundwater degradation that may occur from activities at or
near the surface; and
(2) publish notification of sensitive areas in a newspaper
of general circulation in the county where the sensitive areas
are located.
Subd. 4. [INFORMATION GATHERING.] The commissioner of
natural resources shall coordinate the collection of state and
local information to identify sensitive areas. Information must
be automated on or accessible to systems developed at the land
management information center of the state planning agency.
Subd. 5. [STATE PROTECTION OF SENSITIVE AREAS.] (a) The
commissioner of agriculture for pollution resulting from
agricultural chemicals and practices and the pollution control
agency for other pollutants must consider the type of risk
identified under subdivision 3 when adopting best management
practices, water resource protection plans, and water resource
protection requirements to prevent and minimize groundwater
degradation in sensitive areas.
(b) To prevent and minimize groundwater degradation, state
agencies must consider the type of risk identified under
subdivision 3 when undertaking an activity within a sensitive
area.
Subd. 6. [ACTIONS BY REGULATING AUTHORITIES.] Upon
adoption of a comprehensive local water plan as defined in
chapter 110B or a water management plan under chapter 473, a
regulating authority must take into account the plan and any
geological assessments referenced in the plan when taking
appropriate actions in sensitive areas.
Subd. 7. [STATE AGENCIES.] Each state agency that has a
program affecting activities that may cause or contribute to
groundwater pollution shall identify and develop best management
practices to ensure that the program is consistent with and is
effective in achieving the goal of section 1. For those
activities which may cause or contribute to pollution of
groundwater, but are not directly regulated by the state, best
management practices shall be promoted through education,
support programs, incentives, and other mechanisms.
Sec. 4. [103H.105] [CONSERVATION EASEMENTS TO PROTECT
SENSITIVE AREAS.]
(a) Agricultural land within a sensitive area identified in
section 3, subdivision 2, or by the board of water and soil
resources and land in or immediately surrounding a sinkhole is
marginal agricultural land for purposes of section 40.43,
subdivision 2, and is eligible for the conservation reserve
program under section 40.43.
(b) Notwithstanding section 40.43, subdivision 2, clauses
(2) and (5), and subdivision 4, the board of water and soil
resources may authorize acquisition of hillside easements that
restrict hillside pasturing or grazing of livestock.
Sec. 5. [103H.111] [LIABILITY AFTER PROTECTION OF
SENSITIVE AREA.]
(a) A landowner within a sensitive area, identified under
section 3, has a complete defense to liability for degradation
of groundwater caused by surface water from the sensitive area
recharging groundwater if:
(1) the landowner's portion of the sensitive area is
subject to a plan adopted by the soil and water conservation
district to protect the groundwater from degradation through
surface water recharge;
(2) the projects and practices required by the plan have
been implemented and have been certified as having been
implemented by the soil and water conservation district;
(3) the projects and practices required by the plan are
maintained according to the plan; and
(4) the landowner has not allowed unlawful practices on the
property that disrupt the projects and practices required by the
plan.
(b) The soil and water conservation district's plan must
include appropriate best management practices and water resource
protection requirements.
Sec. 6. [103H.151] [BEST MANAGEMENT PRACTICES.]
Subdivision 1. [DEVELOPMENT BY POLLUTION CONTROL
AGENCY.] Except as provided in subdivision 2 for agricultural
chemicals and practices, the pollution control agency in
consultation with local water planning authorities shall develop
best management practices for the prevention of groundwater
degradation for specific activity categories. The pollution
control agency shall contact and solicit comments from affected
persons and businesses in developing the best management
practices. The pollution control agency must publish notice and
also solicit comments and recommendations from state agencies
and local governments affected by or regulating the activities.
Subd. 2. [AGRICULTURAL CHEMICAL BEST MANAGEMENT
PRACTICES.] The commissioner of agriculture in consultation with
local water planning authorities shall develop best management
practices for agricultural chemicals and practices. The
commissioner shall give public notice and contact and solicit
comment from affected persons and businesses interested in
developing the best management practices.
Subd. 3. [EDUCATION AND PROMOTION.] The commissioners of
the pollution control agency and agriculture, in conjunction
with the board of water and soil resources, soil and water
conservation districts, and the Minnesota extension service,
must promote best management practices and provide education
about how the use of best management practices will prevent,
minimize, reduce, and eliminate the source of groundwater
degradation. The promotion and education shall include
demonstration projects.
GROUNDWATER QUALITY MONITORING
Sec. 7. [103H.175] [GROUNDWATER QUALITY MONITORING.]
Subdivision 1. [MONITORING RESULTS TO BE SUBMITTED TO THE
ENVIRONMENTAL QUALITY BOARD.] The results of monitoring
groundwater quality by state agencies and political subdivisions
must be submitted to the state planning agency.
Subd. 2. [COMPUTERIZED DATA BASE.] The state planning
agency shall maintain a computerized data base of the results of
groundwater quality monitoring in a manner that is accessible to
the pollution control agency, department of agriculture,
department of health, and department of natural resources. The
state planning agency shall assess the quality and reliability
of the data and organize the data in a usable format.
HEALTH RISK LIMITS
Sec. 8. [103H.201] [HEALTH RISK LIMITS.]
Subdivision 1. [PROCEDURE.] (a) If groundwater quality
monitoring results show that there is a degradation of
groundwater, the commissioner of health may promulgate health
risk limits under subdivision 2 for substances degrading the
groundwater.
(b) Health risk limits shall be determined by two methods
depending on their toxicological end point.
(c) For systemic toxicants that are not carcinogens, the
adopted health risk limits shall be derived using United States
Environmental Protection Agency risk assessment methods using a
reference dose, a drinking water equivalent, an uncertainty
factor, and a factor for relative source contamination, which in
general will measure an estimate of daily exposure to the human
population, including sensitive subgroups, that is unlikely to
result in deleterious effects during long-term exposure.
(d) For toxicants that are known or probable carcinogens,
the adopted health risk limits shall be derived from a
quantitative estimate of the chemical's carcinogenic potency
published by the United States Environmental Protection Agency's
carcinogen assessment group.
Subd. 2. [ADOPTION.] (a) Health risk limits shall be
adopted by rule.
(b) If the commissioner determines that emergency
conditions exist and the public health and welfare require the
health risk limits to be adopted as soon as possible, the
commissioner shall promulgate the adopted health risk limits
notwithstanding chapter 14 but the adopted health risk limits
adopted under this paragraph are only effective for one year.
Subd. 3. [REVIEW AND REVISION.] (a) The commissioner shall
review each adopted health risk limit at least every four years.
(b) The commissioner may revise health risk limits under
subdivision 2.
Subd. 4. [ADOPTION OF EXISTING RECOMMENDED ALLOWABLE
LIMITS.] (a) Notwithstanding and in lieu of subdivision 2, the
commissioner may adopt recommended allowable limits established
by the commissioner on or before May 1, 1989, as health risk
limits under this subdivision. Before a recommended allowable
limit is adopted as an adopted health risk limit under this
subdivision, the commissioner shall:
(1) publish in the State Register and disseminate through
the Minnesota extension service and through soil and water
conservation districts notice of intent to adopt a recommended
allowable limit as an adopted health risk limit for specific
substances and shall solicit information on the health impacts
of the substance;
(2) publish the recommended allowable limit in the State
Register and disseminate through the Minnesota extension service
and through soil and water conservation districts allowing 60
days for public comment; and
(3) publish the recommended allowable limit in the State
Register and, at the same time, make available a summary of the
public comments received and the commissioner's responses to the
comments.
(b) A recommended allowable limit adopted by the
commissioner as an adopted health risk limit under this
subdivision may be challenged in the manner provided in sections
14.44 and 14.45.
(c) After July 1, 1991, and before September 1, 1991, 25 or
more persons may submit a written request for a public hearing
as provided under section 14.25 for any health risk limits as
adopted under this subdivision.
EVALUATION AND COMMON DETECTION OF POLLUTION
Sec. 9. [103H.251] [EVALUATION OF DETECTION OF
POLLUTANTS.]
Subdivision 1. [METHODS.] (a) The commissioner of
agriculture for pollution resulting from agricultural chemicals
and practices and the pollution control agency for other
pollutants shall evaluate the detection of pollutants in
groundwater of the state. Evaluation of the detection may
include collection technique, sampling handling technique,
laboratory practices, other quality control practices,
climatological conditions, and potential pollutant sources.
(b) If conditions indicate a likelihood of the detection of
the pollutant or pollutant breakdown product to be a common
detection, the commissioner of agriculture or the pollution
control agency must begin development of best management
practices and continue to monitor for the pollutant or pollutant
breakdown products.
Subd. 2. [ANALYSIS OF POLLUTION TREND.] The commissioner
of agriculture for pollution resulting from agricultural
chemicals and practices and the pollution control agency for
other pollutants shall develop and implement groundwater
monitoring and hydrogeologic evaluation following pollution
detection to evaluate pollution frequency and concentration
trend. Assessment of the site-specific and pollutant-specific
conditions and the likelihood of common detection must include
applicable monitoring, pollutant use information, physical and
chemical properties of the pollutant, hydrogeologic information,
and review of information and data from other local, state, or
federal monitoring data bases.
Sec. 10. [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 1 and are
commensurate with the groundwater pollution if the
implementation of best management practices have 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 legislative water commission.
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 1 to
prevent and minimize the pollution to the extent practicable.
The proposed rule must be submitted to the legislative water
commission for review 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.
Sec. 11. [103H.280] [AUTHORITY IS SUPPLEMENTAL.]
The authority of the pollution control agency and the
commissioner of agriculture in this article is supplemental to
other authority given by law and does not restrict other
authorities.
Sec. 12. [NITROGEN COMPOUNDS IN GROUNDWATER STUDY.]
The pollution control agency and the department of
agriculture, in consultation with the board of water and soil
resources and the Minnesota experiment station, shall prepare a
report on nitrate and related nitrogen compounds in
groundwater. The report shall consider recommendations made by
local government in comprehensive local water plans and shall
incorporate the findings of the nitrogen fertilizer task force
and utilize data developed by the Minnesota experiment station.
This report shall be submitted to the legislative water
commission by July 1, 1991. The commission shall provide
recommendations to the legislature by November 15, 1991, based
upon this report.
The report shall be based on existing information and shall
examine areas in which improvements in the state and local
response to this problem are feasible. The report shall address
the following issues: the determination of trends in nitrogen
pollution; causative factors; the development of recommended
best management practices to reduce and minimize the pollution;
regulatory controls; the feasibility of proposed treatment and
corrective or mitigative measures; and the economic impacts of
proposed corrective measures.
ARTICLE 2
WATER RESEARCH, INFORMATION, AND EDUCATION
Section 1. [3.887] [LEGISLATIVE WATER COMMISSION.]
Subdivision 1. [ESTABLISHMENT.] A legislative water
commission is established.
Subd. 2. [MEMBERSHIP.] (a) The legislative water
commission shall consist of ten members appointed as follows:
(1) five members of the the senate with minority
representation proportionate to minority membership in the
senate to be appointed by the subcommittee on committees and to
serve until their successors are appointed; and
(2) five members of the house of representatives with
minority representation proportionate to minority membership in
the house to be appointed by the speaker of the house and to
serve until their successors are appointed.
(b) Vacancies shall be filled in the same manner as the
original positions.
(c) Vacancies occurring on the commission do not affect the
authority of the remaining members of the legislative water
commission to carry out the function of the commission.
Subd. 3. [SUBCOMMITTEES.] Two subcommittees shall be
established in the legislative water commission, one on
groundwater and one on surface water.
Subd. 4. [STAFF.] The legislative water commission may
appoint and fix the compensation of additional legal and other
personnel and consultants necessary to enable the commission to
carry out its function, or to contract for services to supply
necessary data subject to the approval of the legislative
coordinating commission under section 3.305. State employees
subject to civil service laws and regulations who may be
assigned to the commission shall retain civil service status
without interruption or loss of status or privilege.
Subd. 5. [POWERS AND DUTIES.] (a) The legislative water
commission shall review water policy reports and recommendations
of the environmental quality board, the biennial report of the
board of water and soil resources, and other water-related
reports as may be required by law or the legislature.
(b) The commission may conduct public hearings and
otherwise secure data and comments.
(c) The commission shall make recommendations as it deems
proper to assist the legislature in formulating legislation.
(d) Data or information compiled by the legislative water
commission or its subcommittees shall be made available to the
Minnesota future resources commission and standing and interim
committees of the legislature on request of the chair of the
respective commission or committee.
Subd. 6. [STUDY.] The legislative water commission shall
study the recommendations of the environmental quality board for
the management and protection of water resources in the state,
and shall report its findings to the Minnesota future resources
commission and the legislature by November 15, 1991, on the
state's water management needs for the year 2000.
Subd. 7. [EFFECTS OF SUSTAINABLE AGRICULTURE.] The
legislative water commission shall study the implementation and
effects of sustainable agriculture in the state including
current and potential practices and their effect on water and
groundwater.
Subd. 8. [REPEALER.] This section is repealed effective
June 30, 1995.
Sec. 2. [17.114] [SUSTAINABLE AGRICULTURE.]
Subdivision 1. [PURPOSE.] To assure the viability of
agriculture in this state, the commissioner shall investigate,
demonstrate, report on, and make recommendations on the current
and future sustainability of agriculture in this state.
Sustainable agriculture has the meaning given to it in Laws
1987, chapter 396, article 12, section 6.
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following definitions apply:
(a) "Sustainable agriculture" represents the best aspects
of traditional and modern agriculture by using a fundamental
understanding of nature as well as the latest scientific
advances to create integrated, self-reliant, resource conserving
practices that enhance the enrichment of the environment and
provide short- and long-term productive and economical
agriculture.
(b) "Integrated pest management" means use of a combination
of approaches, incorporating the judicious application of
ecological principles, management techniques, cultural and
biological controls, and chemical methods, to keep pests below
levels where they do economic damage.
Subd. 3. [DUTIES.] (a) The commissioner shall:
(1) establish a clearinghouse and provide information,
appropriate educational opportunities and other assistance to
individuals, producers, and groups about sustainable
agricultural techniques, practices, and opportunities;
(2) survey producers and support services and organizations
to determine information and research needs in the area of
sustainable agricultural practices;
(3) demonstrate the on-farm applicability of sustainable
agriculture practices to conditions in this state;
(4) coordinate the efforts of state agencies regarding
activities relating to sustainable agriculture;
(5) direct the programs of the department so as to work
toward the sustainability of agriculture in this state;
(6) inform agencies of how state or federal programs could
utilize and support sustainable agriculture practices;
(7) work closely with farmers, the University of Minnesota,
and other appropriate organizations to identify opportunities
and needs as well as assure coordination and avoid duplication
of state agency efforts regarding research, teaching, and
extension work relating to sustainable agriculture; and
(8) report to the legislature every odd-numbered year.
(b) The report under paragraph (a), clause (8), must
include:
(1) the presentation and analysis of findings regarding the
current status and trends regarding the economic condition of
producers; the status of soil and water resources utilized by
production agriculture; the magnitude of off-farm inputs used;
and the amount of nonrenewable resources used by Minnesota
farmers;
(2) a description of current state or federal programs
directed toward sustainable agriculture including significant
results and experiences of those programs;
(3) a description of specific actions the department of
agriculture is taking in the area of sustainable agriculture;
(4) a description of current and future research needs at
all levels in the area of sustainable agriculture; and
(5) suggestions for changes in existing programs or
policies or enactment of new programs or policies that will
affect farm profitability, maintain soil and water quality,
reduce input costs, or lessen dependence upon nonrenewable
resources.
Subd. 4. [INTEGRATED PEST MANAGEMENT.] (a) The state shall
promote and facilitate the use of integrated pest management
through education, technical or financial assistance,
information and research.
(b) The commissioner shall coordinate the development of a
state approach to the promotion and use of integrated pest
management, which shall include delineation of the
responsibilities of the state, public post-secondary
institutions, Minnesota extension service, local units of
government, and the private sector; establishment of information
exchange and integration; procedures for identifying research
needs and reviewing and preparing informational materials;
procedures for factoring integrated pest management into state
laws, rules, and uses of pesticides; and identification of
barriers to adoption.
(c) The commissioner shall report to the governor and
legislature by November 15, 1990, and on a biennial basis
thereafter.
Sec. 3. [40.31] [ENVIRONMENTAL AGRICULTURALIST EDUCATION
PROGRAM.]
Subdivision 1. [PROGRAM.] An environmental agricultural
program is established:
(1) to work with agricultural producers;
(2) to advise and inform agricultural producers on the
impact of certain farming practices on water quality;
(3) to promote sustainable agriculture through use of best
management practices and integrated pest management;
(4) to demonstrate and evaluate alternative pesticide
practices; and
(5) to develop and promote farm profitability through a
reduction in farm inputs.
Subd. 2. [CONTRACTS.] Contracts to carry out the program
must be awarded by the board of water and soil resources
following review by the legislative water commission.
Sec. 4. Minnesota Statutes 1988, section 40.42, is amended
by adding a subdivision to read:
Subd. 6a. [SENSITIVE AREA.] "Sensitive area" means a
geographic area defined by natural features where the
groundwater is at significant risk of contamination from
activities conducted at or near the land surface.
Sec. 5. Minnesota Statutes 1988, section 40.43,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE LAND.] (a) Land may be placed in the
conservation reserve program if the land complies with paragraph
(b) and:
(1) is marginal agricultural land, or;
(2) is adjacent to marginal agricultural land and is either
beneficial to resource protection or necessary for efficient
recording of the land description, or;
(3) consists of a drained wetland, or is land that with a
windbreak would be beneficial to resource protection., and
cropland adjacent to the restored wetland may also be enrolled
to the extent of up to four acres of cropland for each acre of
wetland restored;
(4) is land that with a windbreak would be beneficial to
resource protection;
(5) is land in a sensitive area; or
(6) is land on a hillside used for pasture.
(b) Land under paragraph (a) may be placed in the
conservation reserve program if the land:
(2) (1) was owned by the landowner on January 1, 1985, or
was owned by the landowner, or a parent or other blood relative
of the landowner, for at least three years before the date of
application;
(3) (2) is at least five acres in size, except for a
windbreak, or is a whole field as defined by the United States
Agricultural Stabilization and Conservation Services;
(4) (3) is not set aside, enrolled or diverted under
another federal or state government program; and
(5) (4) except for land on a hillside used for pasture was
in agricultural crop production for at least two years during
the period 1981 to 1985.
(c) The enrolled land of a landowner may not exceed 20
percent of the landowner's total agricultural land acreage in
the state, if the landowner owns at least 200 acres of
agricultural land as defined by section 500.24, subdivision 2.
If a landowner owns less than 200 acres of agricultural land the
amount that may be enrolled in the conservation reserve is:
(a) (1) all agricultural land owned, if 20 acres or less;
or
(b) (2) if the total agricultural land owned is more than
20 acres but less than 200 acres, 20 acres plus ten percent of
the balance of the agricultural land.
(d) In selecting land for enrollment in the program,
highest priority must be given to permanent easements that are
consistent with the purposes stated in section 40.41.
Sec. 6. Minnesota Statutes 1988, section 40.43,
subdivision 6, is amended to read:
Subd. 6. [PAYMENTS FOR CONSERVATION EASEMENTS AND
ESTABLISHMENT OF COVER.] (a) The commissioner must make the
following payments to the landowner for the conservation
easement and agreement:
(1) to establish the perennial cover or other improvements
required by the agreement, up to 75 percent of the total
eligible cost not to exceed $75 per acre for limited duration
easements, and 100 percent of the total eligible cost not to
exceed $100 per acre for perpetual easements;
(2) for the cost of planting trees required by the
agreement, up to 75 percent of the total eligible cost not to
exceed $200 per acre for limited duration easements, and 100
percent of the total eligible cost not to exceed $300 per acre
for perpetual easements;
(3) for a permanent easement, 70 percent of the township
average equalized estimated market value of agricultural
property as established by the commissioner of revenue at the
time of easement application;
(4) for an easement of limited duration, 90 percent of the
present value of the average of the accepted bids for the
federal conservation reserve program, as contained in Public Law
Number 99-198, in the relevant geographic area and on bids
accepted at the time of easement application; or
(5) an alternative payment system for easements based on
cash rent or a similar system as may be determined by the
commissioner.
(b) For hillside pasture conservation easements, the
payments in paragraph (a) must be reduced to reflect the value
of similar property.
(c) The commissioner may not pay more than $50,000 to a
landowner for all the landowner's conservation easements and
agreements.
Sec. 7. [103A.43] [WATER RESEARCH NEEDS EVALUATION.]
(a) The environmental quality board shall evaluate and
report to the legislative water commission and the Minnesota
future resources commission on statewide water research needs
and recommended priorities for addressing these needs. Local
water research needs may also be included.
(b) The environmental quality board shall conduct a
biennial assessment of water quality, groundwater degradation
trends, and efforts to reduce, prevent, minimize, and eliminate
degradation of water.
(c) The environmental quality board shall assess the
quantity of surface and ground water in the state and the
availability of water to meet the state's needs.
(d) The environmental quality board shall prepare and
submit a report to the legislative water commission and the
Minnesota future resources commission by September 15 of each
odd-numbered year.
Sec. 8. [103B.3361] [CITATION.]
Sections 103B.3361 to 103B.3369 may be cited as the "local
water resources protection and management program."
Sec. 9. [103B.3363] [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to sections 103B.3363 and 103B.3369.
Subd. 2. [BOARD.] "Board" means the board of water and
soil resources.
Subd. 3. [COMPREHENSIVE LOCAL WATER PLAN.] "Comprehensive
local water plan" means a county water plan authorized under
section 110B.04, a watershed management plan required under
section 473.878, a watershed management plan required under
section 112.46, or a county groundwater plan authorized under
section 473.8785.
Subd. 4. [LOCAL UNIT OF GOVERNMENT.] "Local unit of
government" means a statutory or home rule charter city, town,
county, or soil and water conservation district, watershed
district, an organization formed for the joint exercise of
powers under section 471.59, a local health board, or other
special purpose district or authority with local jurisdiction in
water and related land resources management.
Subd. 5. [PROGRAM.] "Program" means a water-related
program.
Sec. 10. [103B.3369] [LOCAL WATER RESOURCES PROTECTION AND
MANAGEMENT PROGRAM.]
Subdivision 1. [ASSISTANCE PRIORITIES.] State agencies may
give priority to local requests that are part of or responsive
to a comprehensive local water plan when administering programs
for water-related financial and technical assistance.
Subd. 2. [ESTABLISHMENT.] A local water resources
protection and management program is established. The board
shall provide financial assistance to counties for local
government activities that protect or manage water and related
land quality. The activities include planning, zoning, official
controls, and other activities to implement comprehensive local
water plans.
Subd. 3. [COUNTY REQUEST AND SPONSORSHIP.] Counties must
submit funding requests to the board. A county must coordinate
and submit requests on behalf of other units of government
within its jurisdiction.
Subd. 4. [CONTRACTS WITH LOCAL GOVERNMENTS.] A county may
contract with other appropriate local units of government to
implement programs. An explanation of the program
responsibilities proposed to be contracted with other local
units of government must accompany grant requests. A county
that contracts with other local units of government is
responsible for ensuring that state funds are properly expended
and for providing an annual report to the board describing
expenditures of funds and program accomplishments.
Subd. 5. [FINANCIAL ASSISTANCE.] The board may award
grants to counties only to carry out water resource protection
and management programs identified as priorities in
comprehensive local water plans. Grants may be used to employ
persons and to obtain and use information necessary to:
(1) develop comprehensive local water plans under section
110B.04 that have not received state funding for water resources
planning as provided for in Laws 1987, chapter 404, section 30,
subdivision 5, clause (a); and
(2) implement comprehensive local water plans.
Subd. 6. [LIMITATIONS.] (a) Grants provided to implement
programs under this section must be reviewed by the state agency
having statutory program authority to assure compliance with
minimum state standards. At the request of the state agency
commissioner, the board shall revoke the portion of a grant used
to support a program not in compliance.
(b) Grants provided to develop comprehensive local water
plans may not be awarded for a time longer than two years.
(c) A county may not request or be awarded grants for
project implementation unless a comprehensive water plan has
been adopted.
Subd. 7. [RULES.] The board shall adopt rules that:
(1) establish performance criteria for grant administration
for local implementation of state delegated or mandated programs
that recognize regional variations in program needs and
priorities;
(2) recognize the unique nature of state delegated or
mandated programs;
(3) specify that program activities contracted by a county
to another local unit of government are eligible for funding;
(4) require that grants from the board may not exceed the
amount matched by participating local units of government; and
(5) specify a process for the board to establish a base
level grant amount that all participating counties may be
eligible to receive.
Subd. 8. [PRIORITIES.] (a) In reviewing requests, the
board must give priority to requests based on:
(1) completion of comprehensive water plans under sections
110B.04 and 473.8785;
(2) adoption, administration, and enforcement of official
controls;
(3) indicate the participation of several local units of
government, including multicounty efforts;
(4) complement efforts of federal, state, and local units
of government; and
(5) demonstrate long-term commitments to effective water
protection and management programs.
(b) The board shall consult with appropriate agencies to
evaluate grant requests and coordinate project activities with
other state, federal, and local research management projects.
Sec. 11. Minnesota Statutes 1988, section 110B.04,
subdivision 6, is amended to read:
Subd. 6. [SCOPE OF PLANS.] Comprehensive water plans must
include:
(1) a description of the existing and expected changes to
physical environment, land use, and development in the county;
(2) available information about the surface water,
groundwater, and related land resources in the county, including
existing and potential distribution, availability, quality, and
use;
(3) objectives for future development, use, and
conservation of water and related land resources, including
objectives that concern water quality and quantity, and
sensitive areas, wellhead protection areas, and related land use
conditions, and a description of actions that will be taken in
affected watersheds or groundwater systems to achieve the
objectives;
(4) a description of potential changes in state programs,
policies, and requirements considered important by the county to
management of water resources in the county;
(5) a description of conflicts between the comprehensive
water plan and existing plans of other local units of
government;
(6) a description of possible conflicts between the
comprehensive water plan and existing or proposed comprehensive
water plans of other counties in the affected watershed units or
groundwater systems;
(7) a program for implementation of the plan that is
consistent with the plan's management objectives and includes
schedules for amending official controls and water and related
land resources plans of local units of government to conform
with the comprehensive water plan, and the schedule, components,
and expected state and local costs of any projects to implement
the comprehensive water plan that may be proposed, although this
does not mean that projects are required by this section; and
(8) a procedure for amending the comprehensive water plan.
Sec. 12. Minnesota Statutes 1988, section 110B.35,
subdivision 3, is amended to read:
Subd. 3. [EX OFFICIO NONVOTING MEMBERS.] The following
agencies shall each provide one nonvoting member to the board:
(1) department of agriculture;
(2) department of health;
(3) department of natural resources; and
(4) pollution control agency; and
(5) the University of Minnesota.
Sec. 13. Minnesota Statutes 1988, section 116C.41,
subdivision 1, is amended to read:
Subdivision 1. [WATER PLANNING.] The board shall:
(1) coordinate public water resource management and
regulation activities among the state agencies having
jurisdiction in the area;
(2) initiate, coordinate, and continue to develop
comprehensive long-range water resources planning in furtherance
of the plan adopted by the water planning board entitled "A
Framework for a Water and Related Land Resources Strategy for
Minnesota, 1979" including a new plan and strategy by November
15, 1990, and each five-year interval afterwards;
(3) coordinate water planning activities of local,
regional, and federal bodies with state water planning and
integrate these plans with state strategies; and
(4) coordinate development of state water policy
recommendations and priorities, and a recommended program for
funding identified needs, including priorities for implementing
the state water resources monitoring plan;
(5) in cooperation with state agencies participating in the
monitoring of water resources, develop a plan for monitoring the
state's water resources;
(6) administer federal water resources planning with
multiagency interests;
(7) ensure that groundwater quality monitoring and related
data is provided and integrated into the Minnesota land
management information system according to published data
compatibility guidelines. Costs of integrating the data in
accordance with data compatibility standards must be borne by
the agency generating the data;
(8) identify water resources information and education
needs, priorities, and goals and prepare an implementation plan
to guide state activities relating to water resources
information and education;
(9) coordinate the development and evaluation of water
information and education materials and resources; and
(10) coordinate the dissemination of water information and
education through existing delivery systems.
Sec. 14. Minnesota Statutes 1988, section 116C.41, is
amended by adding a subdivision to read:
Subd. 4. [CONSISTENCY OF STATE INFORMATION
ACTIVITIES.] State agency information and education activities
must be consistent with the implementation plan required under
subdivision 1, clause (8).
ARTICLE 3
CHAPTER 103I
WELLS, BORINGS, AND UNDERGROUND USES
Section 1. [103I.001] [LEGISLATIVE INTENT.]
This chapter is intended to protect the health and general
welfare by providing a means for the development and protection
of the natural resource of groundwater in an orderly, healthful,
and reasonable manner. [156A.01]
Sec. 2. [103I.005] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
chapter apply to this chapter.
Subd. 2. [BORING.] "Boring" means a hole or excavation
that is not used to extract water and includes exploratory
borings, environmental bore holes, and test holes.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of health.
Subd. 4. [DEPARTMENT.] "Department" means the department
of health.
Subd. 5. [DRIVE POINT WELL.] "Drive point well" means a
well constructed by forcing a pointed well screen, attached to
sections of pipe, into the ground with the screen and casing
forced or driven into the ground with a hammer, maul, or weight.
Subd. 6. [ELEVATOR SHAFT.] "Elevator shaft" means a bore
hole, jack hole, drilled hole, or excavation constructed to
install an elevator shaft or hydraulic cylinder.
Subd. 7. [ELEVATOR SHAFT CONTRACTOR.] "Elevator shaft
contractor" means a person with an elevator shaft contractor's
license issued by the commissioner.
Subd. 8. [ENVIRONMENTAL BORE HOLE.] "Environmental bore
hole" means a hole or excavation in the ground that enters or
goes through a water bearing layer and is used to monitor or
measure physical, chemical, radiological, or biological
parameters without extracting water. An environmental bore hole
also includes bore holes constructed for vapor recovery or
venting systems. An environmental bore hole does not include a
well, elevator shaft, exploratory boring, or monitoring well.
Subd. 9. [EXPLORATORY BORING.] "Exploratory boring" means
a surface drilling done to explore or prospect for oil, natural
gas, and metallic minerals, including iron, copper, zinc, lead,
gold, silver, titanium, vanadium, nickel, cadmium, molybdenum,
chromium, manganese, cobalt, zirconium, beryllium, thorium,
uranium, aluminum, platinum, palladium, radium, tantalum, tin,
and niobium, and a drilling or boring for petroleum. [156A.02 s.
5]
Subd. 10. [EXPLORER.] "Explorer" means a person who has
the right to drill an exploratory boring. [156A.02 s. 4]
Subd. 11. [GROUNDWATER THERMAL EXCHANGE DEVICE.]
"Groundwater thermal exchange device" means a heating or cooling
device that depends on extraction and reinjection of groundwater
from an independent aquifer to operate. [156A.02 s. 6]
Subd. 12. [LIMITED WELL CONTRACTOR.] "Limited well
contractor" means a person with a limited well contractor's
license issued by the commissioner.
Subd. 13. [LIMITED WELL SEALING CONTRACTOR.] "Limited well
sealing contractor" means a person with a limited well sealing
contractor's license issued by the commissioner.
Subd. 14. [MONITORING WELL.] "Monitoring well" means an
excavation that is drilled, cored, bored, washed, driven, dug,
jetted, or otherwise constructed to extract groundwater for
physical, chemical, or biological testing. "Monitoring well"
includes a groundwater quality sampling well.
Subd. 15. [MONITORING WELL CONTRACTOR.] "Monitoring well
contractor" means a person who is registered by the commissioner
to construct monitoring wells.
Subd. 16. [PERSON.] "Person" means an individual, firm,
partnership, association, or corporation.
Subd. 17. [PROVISIONS OF THIS CHAPTER.] "Provisions of
this chapter" means the sections in this chapter and rules
adopted by the commissioner under this chapter.
Subd. 18. [SEALED WELL CERTIFICATE.] "Sealed well
certificate" means the certificate containing information
required under section 19.
Subd. 19. [TEST HOLE.] "Test hole" means a boring that
does not enter a water-bearing layer of soil.
Subd. 20. [VERTICAL HEAT EXCHANGER.] "Vertical heat
exchanger" means an earth-coupled heating or cooling device
consisting of a sealed piping system installed vertically in the
ground to transfer heat to or from the surrounding earth.
[156A.02 s. 7]
Subd. 21. [WELL.] "Well" means an excavation that is
drilled, cored, bored, washed, driven, dug, jetted, or otherwise
constructed if the excavation is intended for the location,
diversion, artificial recharge, or acquisition of groundwater.
Well includes monitoring wells, drive point wells, and
dewatering wells. "Well" does not include:
(1) an excavation by backhoe, or otherwise for temporary
dewatering of groundwater for nonpotable use during
construction, if the depth of the excavation is 25 feet or less;
(2) an excavation made to obtain or prospect for oil,
natural gas, minerals, or products of mining or quarrying;
(3) an excavation to insert media to repressure oil or
natural gas bearing formations or to store petroleum, natural
gas, or other products;
(4) an excavation for nonpotable use for wildfire
suppression activities; or
(5) borings. [156A.02 s.1]
Subd. 22. [WELL CERTIFICATE.] "Well certificate" means a
certificate containing the requirements of section 14,
subdivision 1, paragraph (e).
Subd. 23. [WELL CONTRACTOR.] "Well contractor" means a
person with a well contractor's license. [156A.02 s. 2]
Subd. 24. [WELLHEAD PROTECTION AREA.] "Wellhead protection
area" means the surface and subsurface area surrounding a well
or well field that supplies a public water system, through which
contaminants are likely to move toward and reach the well or
well field.
JURISDICTION OVER WELLS AND BORINGS
Sec. 3. [103I.101] [POWERS AND DUTIES OF THE COMMISSIONER
OF HEALTH.]
Subdivision 1. [POWERS OF COMMISSIONER.] The commissioner
has the powers reasonable and necessary to effectively exercise
the authority granted by this chapter. [156A.05 s. 1]
Subd. 2. [DUTIES.] The commissioner shall:
(1) regulate the drilling, construction, and sealing of
wells;
(2) examine and license well contractors, persons modifying
or repairing well casings, well screens, or well diameters;
constructing unconventional wells such as drive point wells or
dug wells; sealing wells; installing well pumps or pumping
equipment; and excavating or drilling holes for the installation
of elevator shafts or hydraulic cylinders;
(3) register and examine monitoring well contractors;
(4) license explorers engaged in exploratory boring and
examine individuals who supervise or oversee exploratory boring;
(5) after consultation with the commissioner of natural
resources and the pollution control agency, establish standards
for the design, location, construction, repair, and sealing of
wells and elevator shafts within the state; and
(6) issue permits for wells, groundwater thermal devices,
vertical heat exchangers, and excavation for holes to install
elevator shafts or hydraulic cylinders.
Subd. 3. [PROCEDURES FOR PERMITS.] The commissioner shall
establish procedures for application, approval, and issuance of
permits by rule.
Subd. 4. [INSPECTIONS BY COMMISSIONER.] The commissioner
may inspect, collect water samples, and have access, at all
reasonable times, to a well site, including wells drilled,
sealed, or repaired. [156A.05 s. 3]
Subd. 5. [COMMISSIONER TO ADOPT RULES.] The commissioner
shall adopt rules including:
(1) issuance of licenses for:
(i) qualified well contractors, persons modifying or
repairing well casings, well screens, or well diameters;
(ii) persons constructing unconventional wells such as
drive points or dug wells;
(iii) persons sealing wells; and
(iv) persons installing well pumps or pumping equipment and
excavating holes for installing elevator shafts or hydraulic
cylinders;
(2) issuance of registration for monitoring well
contractors;
(3) establishment of conditions for examination and review
of applications for license and registration;
(4) establishment of conditions for revocation and
suspension of license and registration;
(5) establishment of minimum standards for design,
location, construction, repair, and sealing of wells to
implement the purpose and intent of this chapter;
(6) establishment of a system for reporting on wells
drilled and sealed;
(7) modification of fees prescribed in this chapter,
according to the procedures for setting fees in section 16A.128;
(8) establishment of standards for the construction,
maintenance, sealing, and water quality monitoring of wells in
areas of known or suspected contamination, for which the
commissioner may adopt emergency rules;
(9) establishment of wellhead protection measures for wells
serving public water supplies;
(10) establishment of procedures to coordinate collection
of well data with other state and local governmental agencies;
and
(11) establishment of criteria and procedures for
submission of well logs, formation samples or well cuttings,
water samples, or other special information required for
geologic and water resource mapping. [156A.05 s. 2]
Subd. 6. [FEES FOR VARIANCES.] The commissioner shall
charge a nonrefundable application fee of $150 to cover the
administrative cost of processing a request for a variance or
modification of rules under Minnesota Rules, part 4725.0400, and
for a variance relating to well construction, the nonrefundable
application fee shall be the same amount as the well permit fee.
Sec. 4. [103I.103] [WASTE PREVENTION MAY BE REQUIRED.]
The commissioner of natural resources may require the
owners of wells, especially flowing artesian wells, to prevent
waste to conserve the groundwater water supply of the state.
[105.51 s. 1]
Sec. 5. [103I.105] [ADVISORY COUNCIL ON WELLS AND
BORINGS.]
(a) The advisory council on wells and borings is
established as an advisory council to the commissioner. The
advisory council shall consist of 15 voting members. Of the 15
voting members:
(1) one member must be from the department of health,
appointed by the commissioner of health;
(2) one member must be from the department of natural
resources, appointed by the commissioner of natural resources;
(3) one member must be a member of the Minnesota geological
survey of the University of Minnesota, appointed by the
director;
(4) one member must be a licensed exploratory borer;
(5) one member must be a licensed elevator shaft
contractor;
(6) two members must be members of the public who are not
connected with the business of exploratory boring or the well
drilling industry;
(7) one member must be from the pollution control agency,
appointed by the commissioner of the pollution control agency;
(8) one member must be a monitoring well contractor; and
(9) six members must be residents of this state appointed
by the commissioner, who are actively engaged in the well
drilling industry, with not more than two from the seven-county
metropolitan area and at least four from other areas of the
state who represent different geographical regions.
(b) An appointee of the well drilling industry may not
serve more than two consecutive terms.
(c) The appointees to the advisory council from the well
drilling industry must:
(1) have been residents of this state for at least three
years before appointment; and
(2) have at least five years' experience in the well
drilling business.
(d) The terms of the appointed members and the compensation
and removal of all members are governed by section 15.059,
except section 15.059, subdivision 5, relating to expiration of
the advisory council does not apply. [156A.06]
Sec. 6. [103I.111] [LOCAL AUTHORITY OVER WELLS AND
BORINGS.]
Subdivision 1. [DELEGATION OF DUTIES OF COMMISSIONER.] (a)
The commissioner of health may enter into an agreement with a
board of health to delegate all or part of the inspection,
reporting, and enforcement duties authorized under provisions of
this chapter pertaining to permitting, construction, repair, and
sealing of wells and elevator shafts. [145A.07 s. 1]
(b) A board of health may delegate its powers and duties to
other boards of health within its jurisdiction. An agreement to
delegate powers and duties of a board of health must be approved
by the commissioner and is subject to subdivision 3. [145A.07
s. 2]
Subd. 2. [DELEGATION AGREEMENTS.] (a) Agreements
authorized under this section must be in writing and signed by
the delegating authority and the designated agent.
(b) The agreement must list criteria the delegating
authority will use to determine if the designated agent's
performance meets appropriate standards and is sufficient to
replace performance by the delegating authority.
(c) The agreement may specify minimum staff requirements
and qualifications, set procedures for the assessment of costs,
and provide for termination procedures if the delegating
authority finds that the designated agent fails to comply with
the agreement.
(d) A designated agent must not perform licensing,
inspection, or enforcement duties under the agreement in
territory outside its jurisdiction unless approved by the
governing body for that territory through a separate agreement.
(e) The scope of agreements established under this section
is limited to duties and responsibilities agreed upon by the
parties. The agreement may provide for automatic renewal and
for notice of intent to terminate by either party.
(f) During the life of the agreement, the delegating
authority shall not perform duties that the designated agent is
required to perform under the agreement, except inspections
necessary to determine compliance with the agreement and this
section or as agreed to by the parties.
(g) The delegating authority shall consult with, advise,
and assist a designated agent in the performance of its duties
under the agreement.
(h) This section does not alter the responsibility of the
delegating authority for the performance of duties specified in
law. [145A.07 s. 3]
Subd. 3. [PREEMPTION UNLESS DELEGATION.] Notwithstanding
any other law, a political subdivision may not regulate the
permitting, construction, repair, or sealing of wells or
elevator shafts unless the commissioner delegates authority
under subdivisions 1 and 2.
Subd. 4. [LOCAL AUTHORITY OVER EXPLORATORY BORING.] This
chapter does not limit the authority of a local unit of
government to prohibit mineral exploration within its
boundaries, require permits from explorers, or impose reasonable
requirements and fees upon explorers, that is consistent with
other law. [156A.075]
Subd. 5. [LOCAL GOVERNMENT REGULATION OF OPEN WELLS AND
RECHARGING BASINS.] (a) The governing body of a county,
municipality, statutory or home rule charter city, or town may
regulate open wells and recharging basins and may provide
penalties for the violations. The use or maintenance of an open
well or recharging basin that endangers the safety of a
considerable number of persons may be defined as a public
nuisance and abated as a public nuisance. [471.92 s. 1]
(b) The abatement of the public nuisance may include
covering the open well or recharging basin or surrounding the
open well or recharging basin with a protective fence. [471.92
s. 2]
Subd. 6. [UNSEALED WELLS ARE PUBLIC HEALTH NUISANCES.] A
well that is required to be sealed under section 16 but is not
sealed is a public health nuisance. A county may abate the
unsealed well with the same authority of a board of health to
abate a public health nuisance under section 145A.04,
subdivision 8.
Subd. 7. [LOCAL LICENSE OR REGISTRATION FEES
PROHIBITED.] (a) A political subdivision may not require a
licensed well contractor to pay a license or registration fee.
(b) The commissioner of health must provide a political
subdivision with a list of licensed well contractors upon
request. [156A.07 s. 9]
Subd. 8. [MUNICIPAL REGULATION OF DRILLING.] A
municipality may regulate all drilling, except well, elevator
shaft, and exploratory drilling that is subject to the
provisions of this chapter, above, in, through, and adjacent to
subsurface areas designated for mined underground space
development and existing mined underground space. The
regulations may prohibit, restrict, control, and require permits
for the drilling. [469.141 s. 2]
Sec. 7. [103I.113] [APPLICABILITY TO MINING ACTIVITIES.]
The provisions of this chapter do not apply to mining
activities within a mining area described in a permit to mine
issued under section 93.481 except a well or boring from which
water is withdrawn.
WELL CONSTRUCTION AND OWNERSHIP
Sec. 8. [103I.115] [COMPLIANCE WITH THIS CHAPTER
REQUIRED.] A person may not construct, repair, or seal a well or
boring, except as provided under the provisions of this chapter.
Sec. 9. [103I.205] [WELL CONSTRUCTION.]
Subdivision 1. [NOTIFICATION REQUIRED.] (a) Except as
provided in paragraphs (d) and (e), a person may not construct a
well until a notification of the proposed well on a form
prescribed by the commissioner is filed with the commissioner
with the filing fee in section 10. If after filing the well
notification an attempt to construct a well is unsuccessful, a
new notification is not required unless the information relating
to the successful well has substantially changed.
(b) The property owner where a well is to be located must
file the well notification with the commissioner.
(c) The well notification under this subdivision preempts
local permits and notifications, and counties or home rule
charter or statutory cities may not require a permit or
notification for wells.
(d) The owner of a drive point well must notify the
commissioner of the installation and location of the well. The
owner must complete the notification form prescribed by the
commissioner and mail it to the commissioner by ten days after
the well is completed. A fee may not be charged for the
notification. A person who sells drive point wells at retail
must provide buyers with notification forms and informational
materials including requirements regarding wells, their
location, construction, and disclosure. The commissioner must
provide the notification forms and informational materials to
the sellers.
(e) A person may not construct a monitoring well or
dewatering well until a permit for the monitoring well is issued
by the commissioner for the construction. If after obtaining a
permit an attempt to construct a well is unsuccessful, a new
permit is not required as long as the initial permit is modified
to indicate the location of the successful well.
Subd. 2. [EMERGENCY PERMIT EXEMPTIONS.] The commissioner
may adopt rules that modify the procedures for filing a well
notification if conditions occur that:
(1) endanger the public health and welfare or cause a need
to protect the groundwater; or
(2) require the monitoring well contractor or well
contractor to begin constructing a well before obtaining a
permit.
Subd. 3. [MAINTENANCE PERMIT.] (a) Except as provided
under paragraph (b), a well that is not in use and is inoperable
must be sealed or have a maintenance permit.
(b) If a monitoring well or a dewatering well is not sealed
by 14 months after completion of construction, the owner of the
property on which the well is located must obtain and annually
renew a maintenance permit from the commissioner.
Subd. 4. [LICENSE REQUIRED.] (a) Except as provided in
paragraph (b), (c), (d), or (e), a person may not drill,
construct, or repair a well unless the person has a well
contractor's license in possession. [156A.03 s. 2]
(b) A person may construct a monitoring well if the person
is a professional engineer registered under sections 326.02 to
326.15 in the branches of civil or geological engineering, or
hydrologists or hydrogeologists certified by the American
Institute of Hydrology, any professional engineer registered
with the board of architecture, engineering, land surveying, or
landscape architecture, or a geologist certified by the American
Institute of Professional Geologists, and registers with the
commissioner as a monitoring well contractor on forms provided
by the commissioner.
(c) A person may do the following work with a limited well
contractor's license in possession:
(1) modify or repair well casings or well screens;
(2) construct drive point wells; or
(3) install well pumps or pumping equipment.
(d) A person may do the following work with a limited well
sealing contractor's license in possession:
(1) modify or repair well casings or well screens;
(2) construct drive point wells;
(3) install well pumps or pumping equipment; or
(4) seal wells.
(e) Notwithstanding other provisions of this chapter
requiring a license, a license is not required for a person who
complies with the other provisions of this chapter if the person
is:
(1) an individual who constructs a well on land that is
owned or leased by the individual and is used by the individual
for farming or agricultural purposes or as the individual's
place of abode; or
(2) an individual who performs labor or services for a well
contractor in connection with the construction or repair of a
well or sealing a well at the direction and at the personal
supervision of a well contractor.
Subd. 5. [AT-GRADE MONITORING WELLS.] At-grade monitoring
wells are authorized and may be installed for the purpose of
evaluating groundwater conditions or for use as a leak detection
device. The at-grade completion must comply with rules of the
commissioner. The at-grade monitoring wells must be installed
with an impermeable double locking cap and must be labeled
monitoring wells.
Subd. 6. [DISTANCE REQUIREMENTS FOR SOURCES OF
CONTAMINATION.] A person may not place, construct, or install an
actual or potential source of contamination any closer to a well
than the isolation distances prescribed by the commissioner by
rule unless a variance has been prescribed by rule.
Subd. 7. [WELL IDENTIFICATION LABEL REQUIRED.] After a
well has been constructed, the person constructing the well must
attach a label to the well showing the unique well number, the
depth of the well, the name of the person who constructed the
well, and the date the well was constructed.
Subd. 8. [MONITORING WELL CONTRACT REQUIREMENT.] A person
may not construct a monitoring well until the owner of the
property on which the well is located and the well owner sign a
written contract that describes the nature of the work to be
performed, the estimated cost of the work, and provisions for
sealing the monitoring well.
Subd. 9. [REPORT OF WORK.] (a) Within 30 days after
completion or sealing of a well, the person doing the work must
submit a verified report to the commissioner on forms provided
by the commissioner.
(b) The report must contain:
(1) the name and address of the owner of the well and the
actual location of the well;
(2) a log of the materials and water encountered in
connection with drilling the well, and pumping tests relating to
the well; and
(3) other information the commissioner may require
concerning the drilling or sealing of the well.
(c) Within 30 days after receiving the report, the
commissioner shall send a copy of the report to the commissioner
of natural resources, the local soil and water conservation
district where the well is located, and to the director of the
Minnesota geological survey.
Sec. 10. [103I.208] [WELL NOTIFICATION FILING FEES AND
PERMIT FEES.]
Subdivision 1. [WELL NOTIFICATION FEE.] The well
notification fee to be paid by a property owner is:
(1) for a new well drilled that produces less than 50
gallons a minute based on the actual capacity of the pump
installed, $50; and
(2) for a new well that produces 50 gallons a minute or
more based on the actual capacity of the pump installed, $100.
Subd. 2. [PERMIT FEE.] The permit fee to be paid by a
property owner is:
(1) for a well that is inoperable or disconnected from a
power supply under a maintenance permit, $50;
(3) for construction of a monitoring well, $50;
(4) for monitoring wells owned by a state or federal agency
or a local unit of government as defined in article 2, section
9, subdivision 4, there is no fee;
(5) annually for a monitoring well that is unsealed under a
maintenance permit, $50;
(6) for monitoring wells used as a leak detection device at
a single motor fuel retail outlet or petroleum bulk storage site
excluding tank farms, the construction permit fee is $50 per
site regardless of the number of wells constructed on the site
and the annual fee for a maintenance permit for unsealed
monitoring wells is $50 per site regardless of the number of
monitoring wells located on site;
(6) for a groundwater thermal exchange device, $50;
(7) for a vertical heat exchanger, in addition to the
permit fee for wells, $50;
(8) for construction of the dewatering well, $50 for each
well except a dewatering project comprising more than ten wells
shall be issued a single permit for the wells recorded on the
permit for $500; and
(9) annually for a dewatering well that is unsealed under a
maintenance permit, $25 for each well, except a dewatering
project comprising more than ten wells shall be issued a single
permit for wells recorded on the permit for $250.
Sec. 11. [103I.211] [DRILLING RECORDS.]
(a) A person, firm, or corporation that provides the means
of appropriating groundwater by drilling, boring, or another
manner must file a verified statement with the director of the
division of waters of the department of natural resources
containing the log of the materials and water encountered and
related water pumping tests.
(b) The statements are private data and can be used only by
the division of waters of the department of natural resources
for scientific study. The study's result may be public
information.
(c) The commissioner of natural resources may exclude from
the requirement to file statements those whose operations are of
a type that would not yield significant scientific information.
[105.51 s. 2]
Sec. 12. [103I.221] [PLASTIC CASINGS.]
Subdivision 1. [PLASTIC CASINGS ALLOWED.] The use of
plastic casings in wells is expressly authorized.
Subd. 2. [RULES.] The commissioner may adopt rules
relating to the installation of plastic well casing.
Sec. 13. [103I.231] [COMMISSIONER MAY ORDER REPAIRS.]
(a) The commissioner may order the owner of a well to take
remedial measures, including making repairs, reconstructing, or
sealing the well according to the rules of the commissioner.
The order may be issued if the commissioner determines, based on
inspection of the water or the well site or an analysis of water
from the well, that the well:
(1) is contaminated;
(2) is required to be sealed under this chapter and has not
been sealed according to the rules of the commissioner;
(3) is in a state of disrepair so that its continued
existence endangers the quality of the groundwater;
(4) is a health or safety hazard; or
(5) is located in a place or constructed in a manner that
its continued use or existence endangers the quality of the
groundwater.
(b) The order of the commissioner may be enforced in an
action to seek compliance brought by the commissioner in the
district court of the county where the well is located.
[156A.05 s. 4]
Sec. 14. [103I.235] [SALE OF PROPERTY WHERE WELLS ARE
LOCATED.]
Subdivision 1. [DISCLOSURE OF WELLS TO BUYER.] (a) Before
signing an agreement to sell or transfer real property, the
seller must disclose in writing to the buyer information about
the status and the location of all known wells on the property,
including the legal description, and the quartile, section,
township, range, and county, and a map drawn from available
information showing the location of the wells to the extent
practicable. In the disclosure, the seller must indicate, for
each well, whether the well is in use, not in use, or sealed.
(b) At the time of closing of the sale, the disclosure
information must be provided on a well certificate signed by the
seller of the property or a person authorized to act on behalf
of the seller.
(c) If a seller fails to provide a well certificate, a
buyer, or a person authorized to act on behalf of the buyer, may
sign a well certificate based on the information provided on the
disclosure required by this section or based on other available
information.
(d) A county recorder or registrar of titles may not record
a deed, instrument, or writing for which a certificate of value
is required under section 272.115, or any deed or contract for
deed from a governmental body exempt from the payment of state
deed tax, unless the well certificate required by this
subdivision is filed with the county recorder or registrar of
titles and the filing fee paid under section 357.18. The county
recorder or registrar of titles shall transmit the well
certificate to the commissioner of health within 15 days after
receiving the well certificate.
(e) The commissioner in consultation with county recorders
shall prescribe the form for a well certificate and provide well
certificate forms to county recorders and registrars of titles
and other interested persons.
Subd. 2. [LIABILITY FOR FAILURE TO DISCLOSE.] Unless the
buyer and seller agree to the contrary, in writing, before the
closing of the sale, a seller who fails to disclose the
existence of a well at the time of sale and knew of or had
reason to know of the existence of a well is liable to the buyer
for costs and reasonable attorney fees relating to the sealing
of a well. The action must be commenced by the buyer within six
years after the date the buyer purchased the real property where
the well is located.
Sec. 15. [103I.241] [ACTION FOR WELL CONTAMINATION.]
Subdivision 1. [OWNER'S CAUSE OF ACTION FOR WELL
CONTAMINATION.] The owner of real property where a well is
located has a cause of action for civil damages against a person
whose action or inaction caused contamination of a well. The
property owner may commence an action for a period of six years
after the owner knows or becomes aware of the contamination of
the well.
Subd. 2. [COURT AWARDS.] The court may award damages,
reasonable attorney fees, and costs and disbursements.
WELL SEALING
Sec. 16. [103I.301] [WELL AND SEALING REQUIREMENTS.]
Subdivision 1. [WELLS.] (a) A well owner must have a well
sealed if:
(1) the well is contaminated;
(2) the well was attempted to be sealed but was not sealed
according to the provisions of this chapter; or
(3) the well is located, constructed, or maintained in a
manner that its continued use or existence endangers groundwater
quality or is a safety or health hazard.
(b) A well that is inoperable must be sealed unless the
well owner has a maintenance permit for the well.
(c) The well owner must have a well contractor or limited
well sealing contractor seal a well.
Subd. 2. [MONITORING WELLS.] The owner of the property
where a monitoring well is located must have the monitoring well
sealed when the well is no longer in use. The owner must have a
well contractor, limited well sealing contractor, or a
monitoring well contractor seal the monitoring well.
Subd. 3. [DEWATERING WELLS.] (a) The owner of the property
where a dewatering well is located must have the dewatering well
sealed when the dewatering well is no longer in use.
(b) A well contractor or limited well sealing contractor
shall seal the dewatering well.
Subd. 4. [SEALING PROCEDURES.] Wells, monitoring wells,
and dewatering wells must be sealed according to rules adopted
by the commissioner.
Subd. 5. [SEALING OF SIX-INCH OR LARGER WELLS.] The owner
of a well with a casing six inches or more in inside diameter
may not seal the well, cover or otherwise render the well
inaccessible for inspection, or permanently remove the pumps
from the well without notifying the commissioner of natural
resources and complying with the commissioner's
recommendations. The commissioner of natural resources may make
recommendations and impose conditions as the commissioner
determines to be advisable in the public interest. The
commissioner of natural resources, or an authorized agent of the
commissioner, must be granted access at reasonable times to
inspect the site of a well that has been sealed, or for which
notice of sealing has been given under this subdivision.
[105.51 s. 3]
Sec. 17. [103I.311] [IDENTIFICATION AND SEALING OF WELLS
ON STATE PROPERTY.]
Subdivision 1. [IDENTIFICATION OF WELLS.] The commissioner
of natural resources in cooperation with other state agencies
must identify the location and status of wells and abandoned
wells located on state property.
Subd. 2. [PLAN AND APPROPRIATION REQUEST FOR WELL
SEALING.] In each budget year of a biennium, the commissioner
must present a plan and an appropriation request to properly
seal wells on state property.
Subd. 3. [PROHIBITION ON STATE LAND PURCHASED WITHOUT WELL
IDENTIFICATION.] The state may not purchase or sell real
property or an interest in real property without identifying the
location of all wells whether in use, not in use, or sealed on
the property and making provisions to have the wells not in use
properly sealed at the cost of the seller as part of the
contract. The sale may not be recorded with the county recorder
or registrar of titles unless this subdivision is complied with.
Sec. 18. [103I.315] [ORDERS TO SEAL WELLS.]
Subdivision 1. [ORDER TO SEAL WELL.] The commissioner may
order a property owner to seal a well if:
(1) the commissioner determines that without being sealed
the well is an imminent threat to public health or public
safety;
(2) the well is required to be sealed under section 16; or
(3) a well is a monitoring well or dewatering well and by
14 months after construction of the well, the owner has not
obtained a maintenance permit, or after a maintenance permit has
been issued the owner has not renewed a maintenance permit.
Subd. 2. [FAILURE OF OWNER TO SEAL WELL.] If the property
owner fails to seal a well in the time provided in the
commissioner's order, the commissioner may enter the property
and have the well sealed. The property owner is liable for and
must pay the costs of sealing the well.
Sec. 19. [103I.321] [SEALED WELL CERTIFICATES.]
Subdivision 1. [COUNTY ISSUANCE.] A county must issue a
sealed well certificate prescribed by the commissioner of health
in consultation with county recorders for wells that are sealed
in accordance with this chapter.
Subd. 2. [RULES.] The commissioner may adopt rules
prescribing a procedure to determine that wells are properly
sealed.
Sec. 20. [103I.325] [LANDOWNER SEALED WELL LIABILITY.]
Subdivision 1. [CERTIFICATE FILING REQUIRED.] A landowner
must file the sealed well certificate with the county recorder
or registrar of titles and pay the filing fee under section
357.18 where the sealed well is located.
Subd. 2. [LIABILITY AFTER SEALING.] The owner of a well
that has had a sealed well certificate filed with the
commissioner of health and the county recorder or registrar of
titles where the well is located is not liable for contamination
of groundwater from the well that occurs after the well has been
sealed, if the owner has not disturbed or disrupted the sealed
well.
Sec. 21. [103I.331] [WELL SEALING COST-SHARE PROGRAM.]
Subdivision 1. [COUNTY COST-SHARE SEALING PROGRAM.] (a)
The board of water and soil resources may allocate funds to
counties selected under subdivision 2 to be used for a well
sealing program to share the cost of sealing wells according to
the priority under subdivision 3.
(b) A county may contract for the administration of the
well sealing program under this section with another local unit
of government.
(c) The county must consult with local health boards, soil
and water conservation districts, planning and zoning
departments, and other appropriate organizations and local
government units during program implementation.
(d) To encourage landowner participation in the program,
the county shall:
(1) publish information in newspapers of general
circulation, regarding availability of state funds to share the
cost of sealing wells; and
(2) invite the public to report to the county on the
existence of wells that are not sealed.
Subd. 2. [CRITERIA FOR SELECTING COUNTIES FOR WELL
SEALING.] (a) The board of water and soil resources, in
selecting counties for participation, shall consult with the
commissioners of natural resources, the pollution control
agency, and health, and the director of the Minnesota geological
survey, and must consider appropriate criteria including the
following:
(1) diversity of well construction;
(2) diversity of geologic conditions;
(3) current use of affected aquifers;
(4) diversity of land use; and
(5) aquifer susceptibility to contamination by unsealed
wells.
(b) After July 1, 1991, only well sealings that are a part
of, or responsive to, the priority actions identified in an
approved comprehensive local water plan, as defined in article
2, section 9, subdivision 3, are eligible for assistance.
Subd. 3. [WELL SEALING PRIORITIES.] The board of water and
soil resources, and the commissioner of health after
consultation with local water planning authorities, shall
establish priorities for sealing wells that are not an imminent
threat to public health or public safety based on the following
criteria:
(1) well construction, depth, and condition;
(2) importance of an aquifer as public and private water
supply source;
(3) proximity to known or potential point or nonpoint
contamination sources;
(4) current contamination of the well or aquifer;
(5) susceptibility of an aquifer to contamination by wells
that are not sealed;
(6) limited availability of alternative sources of drinking
water;
(7) anticipated changes in land or water use;
(8) unique conditions such as construction, rehabilitation,
or demolition areas;
(9) potential use of the well as a monitoring well; and
(10) the danger to humans and animals of falling into the
well.
Subd. 4. [LANDOWNER WELL SEALING CONTRACTS.] (a) A county,
or contracted local unit of government, may contract with
landowners to share the cost of sealing priority wells in
accordance with criteria established by the board of water and
soil resources.
(b) The county must use the funds allocated from the board
of water and soil resources to pay up to 75 percent, but not
more than $2,000 of the cost of sealing priority wells.
(c) A well sealing contract must provide that:
(1) sealing is done in accordance with this chapter and
rules of the commissioner of health relating to sealing of
unused wells;
(2) payment is made to the landowner, after the well is
sealed by a contractor licensed under this chapter;
(3) a sealed well certificate will be issued to the
landowner after sealing of the well is completed; and
(4) the landowner must file a copy of the sealed well
certificate and a copy of the well record with the commissioner
of health.
Subd. 5. [REPORTS.] (a) The county shall make an annual
report to the board of soil and water resources by February 15
of each year on the status of the well sealing grant program in
the county including the number, location, and cost for each
well sealed.
(b) The board of water and soil resources in cooperation
with the commissioner of health shall make annual reports to the
legislature on the status of expenditures and well sealings.
Subd. 6. [REPEALER.] This section is repealed effective
June 30, 1995.
Sec. 22. [103I.335] [FUNDING FOR PERSONS TO SEAL WELLS.]
Subdivision 1. [APPLICATION.] A property owner who desires
to seal a well may apply to the board of water and soil
resources for the board to provide funds and seal the well.
Subd. 2. [CRITERIA FOR SEALING.] The board of water and
soil resources shall adopt criteria for accepting applications
to seal wells for property owners applying under subdivision 1.
Subd. 3. [COLLECTION AND ENFORCEMENT OF COSTS.] If the
applications are accepted, the costs of sealing become a
governmental services lien as provided in section 23. The board
of water and soil resources must enter a written agreement to
collect the costs of sealing the well in a manner provided under
section 23, subdivision 3. If the costs are not paid according
to the agreement, the board of water and soil resources may
enforce the lien in any manner provided under section 23,
subdivisions 2 and 3.
Sec. 23. [103I.341] [COLLECTION AND ENFORCEMENT OF WELL
SEALING COSTS.]
Subdivision 1. [LIEN FOR SEALING COSTS.] The commissioner
and the board of water and soil resources have a governmental
services lien under section 514.67 for the costs of sealing a
well that the commissioner or board has contracted to be sealed
under section 18, subdivision 2; 21; or 22. The lien attaches
to the real property where the well is located. The lien is
perfected by filing the lien with the county recorder or
registrar of titles where the well and property are located and
serving or mailing by return receipt a copy of the lien to the
property owner.
Subd. 2. [ENFORCEMENT OF LIEN.] The commissioner or the
board of water and soil resources may enforce the lien in the
manner provided for a judgment lien under chapter 550 or certify
the amount to the county auditor, which must be assessed against
the property and collected in the same manner as real estate
taxes.
Subd. 3. [ASSESSMENT OF INSTALLMENTS.] (a) In lieu of
certifying the entire amount to be collected, the commissioner
or the board of water and soil resources may have the amount due
assessed in seven or less equal annual installments plus
interest due at the rate determined by the state court
administrator for judgments under section 549.09.
(b) The interest due is an additional perfected lien on the
property without further action by the commissioner or the board
of water and soil resources.
(c) The interest and the installment due must be entered on
the tax lists for the year and collected in the same manner as
real estate taxes for that year by collecting one-half of the
total of the installment and interest with and as part of the
real estate taxes.
Subd. 4. [SATISFACTION OF LIEN.] The amount due and
interest of a lien under this section may be paid at any time.
When the amount of the lien including accrued interest is paid,
the commissioner or board must execute a satisfaction of the
lien and record the satisfaction with the county recorder or
registrar of titles where the lien was filed.
Subd. 5. [APPROPRIATION OF RECOVERED COSTS.] Costs of
sealing wells recovered from property owners shall be deposited
in the state treasury and credited to the account from which the
amounts were originally appropriated. The amounts recovered by
the board of water and soil resources are continuously
appropriated to the board for sealing wells.
ELEVATOR SHAFT BORINGS
Sec. 24. [103I.401] [ELEVATOR SHAFT BORINGS.]
Subdivision 1. [PERMIT REQUIRED.] (a) A person may not
construct an elevator shaft until a permit for the hole or
excavation is issued by the commissioner.
(b) The fee for excavating holes for the purpose of
installing elevator shafts is $50 for each hole.
(c) The elevator shaft permit preempts local permits except
local building permits, and counties and home rule charter or
statutory cities may not require a permit for elevator shaft
holes or excavations.
Subd. 2. [LICENSE REQUIRED.] A person may not construct an
elevator shaft unless the person possesses a well contractor's
license or an elevator shaft contractor's license issued by the
commissioner.
Subd. 3. [SEALING.] A well contractor or elevator shaft
contractor must seal a hole or excavation that is no longer used
for an elevator shaft. The sealing must be done according to
rules adopted by the commissioner.
Subd. 4. [REPORT.] Within 30 days after completion or
sealing of a hole or excavation for an elevator shaft, the
person doing the work must submit a report to the commissioner
on forms provided by the commissioner.
ENVIRONMENTAL BORE HOLES
Sec. 25. [103I.451] [ENVIRONMENTAL BORE HOLES.]
An environmental bore hole must be constructed, sealed, and
reported as prescribed by rule of the commissioner by a well
contractor or a monitoring well contractor.
LICENSING AND REGISTRATION
Sec. 26. [103I.501] [LICENSING AND REGULATION OF WELLS AND
BORINGS.]
(a) The commissioner shall regulate and license:
(1) drilling, constructing, and repair of wells;
(2) sealing of wells;
(3) installing of well pumps and pumping equipment;
(4) excavating, drilling, and sealing of holes for the
installation of elevator shafts and hydraulic cylinders; and
(5) construction and sealing of environmental bore holes.
[156A.03 s. 1]
(b) The commissioner shall examine and license well
contractors, limited well contractors, and elevator shaft
contractors, and examine and register monitoring well
contractors.
(c) The commissioner shall license explorers engaged in
exploratory boring and shall examine persons who supervise or
oversee exploratory boring. [156A.03 s. 1]
Sec. 27. [103I.505] [RECIPROCITY OF LICENSES.]
Subdivision 1. [RECIPROCITY AUTHORIZED.] The commissioner
may issue a license or register a person under this chapter,
without giving an examination, if the person is licensed or
registered in another state and:
(1) the requirements for licensing or registration under
which the well contractor was licensed or registered do not
conflict with this chapter;
(2) the requirements are of a standard not lower than that
specified by the rules adopted under this chapter; and
(3) equal reciprocal privileges are granted to licensees of
this state.
Subd. 2. [LICENSE FEE REQUIRED.] A well contractor must
apply for the license and pay the fees under the provisions of
this chapter to receive a license under this section.
Sec. 28. [103I.515] [LICENSES NOT TRANSFERABLE.]
A license or registration issued under this chapter is not
transferable.
Sec. 29. [103I.521] [FEES DEPOSITED WITH STATE TREASURER.]
Fees collected for licenses or registration under this
chapter shall be deposited in the state treasury.
Sec. 30. [103I.525] [WELL CONTRACTOR'S LICENSE.]
Subdivision 1. [APPLICATION.] (a) A person must file an
application and application fee with the commissioner to apply
for a well contractor's license.
(b) The application must state the applicant's
qualifications for the license, the equipment the applicant will
use in the contracting, and other information required by the
commissioner. The application must be on forms prescribed by
the commissioner.
Subd. 2. [APPLICATION FEE.] The application fee for a well
contractor's license is $50. The commissioner may not act on an
application until the application fee is paid.
Subd. 3. [EXAMINATION.] After the commissioner has
approved the application, the applicant must take an examination
given by the commissioner.
Subd. 4. [ISSUANCE OF LICENSE.] If an applicant passes the
examination as determined by the commissioner, submits the bond
under subdivision 5, and pays the license fee under subdivision
6, the commissioner shall issue a well contractor's license.
Subd. 5. [BOND.] (a) As a condition of being issued a well
contractor's license, the applicant must submit a corporate
surety bond for $10,000 approved by the commissioner. The bond
must be conditioned to pay the state on unlawful performance of
work regulated by this chapter in this state. The bond is in
lieu of other license bonds required by a political subdivision
of the state.
(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to properly perform work or duties.
Subd. 6. [LICENSE FEE.] The fee for a well contractor's
license is $250.
Subd. 7. [VALIDITY.] A well contractor's license is valid
until the date prescribed in the license by the commissioner.
Subd. 8. [RENEWAL.] (a) A licensee must file an
application and a renewal application fee to renew the license
by the date stated in the license.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
Subd. 9. [LATE RENEWAL APPLICATION.] If a licensee submits
a renewal application after the required renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.128; and
(2) the licensee may not conduct activities authorized by
the well contractor's license until the renewal application,
renewal application fee, and late fee are submitted.
Sec. 31. [103I.531] [LIMITED WELL CONTRACTOR'S LICENSE.]
Subdivision 1. [APPLICATION.] (a) A person must file an
application and an application fee with the commissioner to
apply for a limited well contractor's license.
(b) The application must state the applicant's
qualifications for the license, the equipment the applicant will
use in the contracting, and other information required by the
commissioner. The application must be on forms prescribed by
the commissioner.
Subd. 2. [APPLICATION FEE.] The application fee for a
limited well contractor's license is $50. The commissioner may
not act on an application until the application fee is paid.
Subd. 3. [EXAMINATION.] After the commissioner has
approved the application, the applicant must take an examination
given by the commissioner.
Subd. 4. [ISSUANCE OF LICENSE.] If an applicant passes the
examination as determined by the commissioner, submits the bond
under subdivision 5, and pays the license fee under subdivision
6, the commissioner shall issue a limited well contractor's
license.
Subd. 5. [BOND.] (a) As a condition of being issued a
limited well contractor's license, the applicant must submit a
corporate surety bond for $10,000 approved by the commissioner.
The bond must be conditioned to pay the state on unlawful
performance of work regulated by this chapter in this state.
The bond is in lieu of other license bonds required by a
political subdivision of the state.
(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to properly perform work or duties.
Subd. 6. [LICENSE FEE.] The fee for a limited well
contractor's license is $50.
Subd. 7. [VALIDITY.] A limited well contractor's license
is valid until the date prescribed in the license by the
commissioner.
Subd. 8. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the limited well
contractor's license by the date stated in the license.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
Subd. 9. [LATE RENEWAL APPLICATION.] If a licensee submits
a renewal application after the required renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.128; and
(2) the licensee may not conduct activities authorized by
the limited well contractor's license until the renewal
application, renewal application fee, and late fee are submitted.
Sec. 32. [103I.533] [LIMITED WELL SEALING CONTRACTOR'S
LICENSE.]
Subdivision 1. [APPLICATION.] (a) A person must file an
application and an application fee with the commissioner to
apply for a limited well sealing contractor's license.
(b) The application must state the applicant's
qualifications for the license, the equipment the applicant will
use in the contracting, and other information required by the
commissioner. The application must be on forms prescribed by
the commissioner.
Subd. 2. [APPLICATION FEE.] The application fee for a
limited well sealing contractor's license is $50. The
commissioner may not act on an application until the application
fee is paid.
Subd. 3. [EXAMINATION.] After the commissioner has
approved the application, the applicant must take an examination
given by the commissioner.
Subd. 4. [ISSUANCE OF LICENSE.] If an applicant passes the
examination and meets qualifications as determined by the
commissioner, submits the bond under subdivision 5, and pays the
license fee under subdivision 6, the commissioner shall issue a
limited well sealing contractor's license.
Subd. 5. [BOND.] (a) As a condition of being issued a
limited well sealing contractor's license, the applicant must
submit a corporate surety bond for $10,000 approved by the
commissioner. The bond must be conditioned to pay the state on
unlawful performance of work regulated by this chapter in this
state. The bond is in lieu of other license bonds required by a
political subdivision of the state.
(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to properly perform work or duties.
Subd. 6. [LICENSE FEE.] The fee for a limited well sealing
contractor's license is $50.
Subd. 7. [VALIDITY.] A limited well sealing contractor's
license is valid until the date prescribed in the license by the
commissioner.
Subd. 8. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the limited well sealing
contractor's license by the date stated in the license.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
Subd. 9. [LATE RENEWAL APPLICATION.] If a licensee submits
a renewal application after the required renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.128; and
(2) the licensee may not conduct activities authorized by
the limited well sealing contractor's license until the renewal
application, renewal application fee, and late fee are submitted.
Sec. 33. [103I.535] [ELEVATOR SHAFT CONTRACTOR'S LICENSE.]
Subdivision 1. [APPLICATION.] (a) An individual must file
an application and application fee with the commissioner to
apply for an elevator shaft contractor's license.
(b) The application must state the applicant's
qualifications for the license, the equipment the applicant will
use in the contracting, and other information required by the
commissioner. The application must be on forms prescribed by
the commissioner.
Subd. 2. [APPLICATION FEE.] The application fee for an
elevator shaft contractor's license is $50. The commissioner
may not act on an application until the application fee is paid.
Subd. 3. [EXAMINATION.] After the commissioner has
approved the application, the applicant must take an examination
given by the commissioner.
Subd. 4. [ISSUANCE OF LICENSE.] If an applicant passes the
examination as determined by the commissioner, submits the bond
under subdivision 5, and pays the license fee under subdivision
6, the commissioner shall issue an elevator shaft contractor's
license to the applicant.
Subd. 5. [BOND.] (a) As a condition of being issued an
elevator shaft contractor's license, the applicant must submit a
corporate surety bond for $10,000 approved by the commissioner.
The bond must be conditioned to pay the state on unlawful
performance of work regulated by this chapter in this state.
(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to properly perform work or duties.
Subd. 6. [LICENSE FEE.] The fee for an elevator shaft
contractor's license is $50.
Subd. 7. [VALIDITY.] An elevator shaft contractor's
license is valid until the date prescribed in the license by the
commissioner.
Subd. 8. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the license by the date
stated in the license.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
Subd. 9. [LATE RENEWAL APPLICATION.] If a licensee submits
a renewal application after the required renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.128; and
(2) the licensee may not conduct activities authorized by
the elevator shaft contractor's license until the renewal
application, renewal application fee, and late fee are submitted.
Sec. 34. [103I.541] [MONITORING WELL CONTRACTORS.]
Subdivision 1. [INITIAL REGISTRATION AFTER DECEMBER 31,
1990.] After December 31, 1990, a person seeking initial
registration as a monitoring well contractor must meet
examination and experience requirements adopted by the
commissioner by rule.
Subd. 2. [VALIDITY.] A monitoring well contractor's
registration is valid until the date prescribed in the
registration by the commissioner.
Subd. 3. [BOND.] (a) As a condition of being issued a
monitoring well contractor's registration, the applicant must
submit a corporate surety bond for $10,000 approved by the
commissioner. The bond must be conditioned to pay the state on
unlawful performance of work regulated by this chapter in this
state. The bond is in lieu of other license bonds required by a
political subdivision of the state.
(b) From proceeds of the bond, the commissioner may
compensate persons injured or suffering financial loss because
of a failure of the applicant to properly perform work or duties.
Subd. 4. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the registration by the
date stated in the registration.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
Subd. 5. [LATE RENEWAL APPLICATION.] If a registered
person submits a renewal application after the required renewal
date:
(1) the registered person must include an additional late
fee set by the commissioner under section 16A.128; and
(2) the registered person may not conduct activities
authorized by the monitoring well contractor's registration
until the renewal application, renewal application fee, and late
fee are submitted.
Sec. 35. [103I.545] [REGISTRATION OF DRILLING MACHINES
REQUIRED.]
Subdivision 1. [DRILLING MACHINE.] (a) A person may not
use a drilling machine such as a cable tool, rotary tool, hollow
rod tool, or auger for a drilling activity requiring a license
or registration under this chapter unless the drilling machine
is registered with the commissioner.
(b) A person must apply for the registration on forms
prescribed by the commissioner and submit a $50 registration fee.
(c) A registration is valid for one year.
Subd. 2. [PUMP HOIST.] (a) A person may not use a machine
such as a pump hoist for an activity requiring a license or
registration under this chapter to repair wells, seal wells, or
install pumps unless the machine is registered with the
commissioner.
(b) A person must apply for the registration on forms
prescribed by the commissioner and submit a $50 registration fee.
(c) A registration is valid for one year.
EXPLORATORY BORINGS
Sec. 36. [103I.601] [EXPLORATORY BORING PROCEDURES.]
Subdivision 1. [DEFINITIONS.] (a) For the purposes of this
section, the following words have the meanings given them.
(b) "Data" includes samples and factual noninterpreted data
obtained from exploratory borings and samples including
analytical results.
(c) "Parcel" means a government section, fractional
section, or government lot.
(d) "Samples" means at least a one-quarter portion of all
samples from exploratory borings that are customarily collected
by the explorer. [156A.071 s. 1]
Subd. 2. [LICENSE REQUIRED TO MAKE BORINGS.] (a) Except as
provided in paragraph (b), a person may not make an exploratory
boring without an exploratory borer's license.
(b) An explorer may designate a responsible individual to
supervise and oversee the making of exploratory borings. Before
an individual supervises or oversees an exploratory boring, the
individual must take and pass an examination relating to
construction, location, and sealing of exploratory borings. A
professional engineer registered under sections 326.02 to 326.15
or a certified professional geologist is not required to take
the examination required in this subdivision but must be
licensed to make an exploratory boring. [156A.071 s. 2]
Subd. 3. [NOTIFICATION OF PROJECT CONSTRUCTION.] (a) By 30
days before making an exploratory boring, an explorer must
register with the commissioner of natural resources and provide
a copy of the registration to the commissioner of health. The
registration must include:
(1) the identity of the firm, association, or company
engaged in exploratory boring; and
(2) the identification of an agent, including the agent's
business address.
(b) The commissioner of natural resources may require a
bond, security, or other assurance from an explorer if the
commissioner of natural resources has reasonable doubts about
the explorer's financial ability to comply with requirements of
law relating to exploratory boring.
(c) An explorer shall annually register with the
commissioner of natural resources while conducting exploratory
boring. [156A.071 s. 3]
Subd. 4. [MAP OF BORINGS.] By ten days before beginning
exploratory boring, an explorer must submit to the commissioners
of health and natural resources a county road map having a scale
of one-half inch equal to one mile, as prepared by the
department of transportation, showing the location of each
proposed exploratory boring to the nearest estimated 40 acre
parcel. [156A.071 s. 4]
Subd. 5. [ACCESS TO DRILL SITES.] The commissioners of
health, natural resources, and the pollution control agency, the
community health board as authorized under section 145A.04, and
their officers and employees shall have access to exploratory
boring sites to inspect the drill holes, drilling, and sealing
of the borings, and to sample ambient air and drilling waters,
and to measure the radioactivity of the waste drill cuttings at
the drilling site at the time of observation. [156A.071 s. 5]
Subd. 6. [EMERGENCY NOTIFICATION.] The explorer must
promptly notify the commissioners of health, natural resources,
and the pollution control agency, and the authorized agent of
the commissioner of health of an occurrence during exploratory
boring that has a potential for significant adverse health or
environmental effects. The explorer must take reasonable action
to minimize the adverse effects. [156A.071 s. 6]
Subd. 7. [INSPECTION OF DATA BEFORE SUBMISSION.] The
commissioner of health may, if necessary, inspect data before
its submission under section 36. The data examined by the
commissioner is not public data before it is submitted under
section 37. [156A.071 s. 6]
Subd. 8. [PERMANENT AND TEMPORARY SEALING PROCEDURES.]
Exploratory borings must be temporarily or permanently sealed
according to rules adopted by the commissioner. [156A.071 s. 7]
Subd. 9. [SEALING REPORT.] (a) By 30 days after permanent
or temporary sealing of an exploratory boring, the explorer must
submit a report to the commissioners of health and natural
resources.
(b) The report must be on forms provided by the
commissioner of health and include:
(1) the location of each drill hole in as large a scale as
possible, which is normally prepared as part of the explorer's
record;
(2) the type and thickness of overburden and rock
encountered;
(3) identification of water bearing formations encountered;
(4) identification of hydrologic conditions encountered;
(5) method of sealing used;
(6) methods of construction and drilling used; and
(7) average scintillometer reading of waste drill cuttings
before backfilling of the recirculation pits. [156A.071 s. 8]
Sec. 37. [103I.605] [SUBMISSION OF DATA FROM EXPLORATORY
BORINGS.]
Subdivision 1. [REQUIREMENT.] Data obtained from
exploratory borings must be submitted by the explorer to the
commissioner of natural resources as provided in this section.
[156A.071 s. 9]
Subd. 2. [MINERAL DEPOSIT EVALUATION DATA.] (a) In
applying for a permit required for activities relating to
mineral deposit evaluation, which means examining an area to
determine the quality and quantity of minerals, excluding
exploratory boring but including obtaining a bulk sample, by
excavating, trenching, constructing shafts, ramps, tunnels,
pits, and producing refuse and other associated activities, but
does not include activities intended, by themselves, for
commercial exploitation of the ore body, the explorer must
submit to the commissioner of natural resources data relevant to
the proposal under consideration. The explorer may identify
portions of the data that, if released, would impair the
competitive position of the explorer submitting the data. Data
identified must be considered to be not public data.
(b) If requested to disclose the data, the commissioner
shall mail notice of the request to the explorer and determine
whether release of the data would impair the competitive
position of the explorer submitting the data. If the
commissioner determines that release of the data would impair
the competitive position of the explorer submitting the data,
the commissioner may not release the data to a person other than
parties to the proceedings relating to the permit under
consideration. Parties to the proceedings shall maintain the
confidentiality of data.
(c) Data that are classified as not public may not be
released by the commissioner until 30 days after mailed notice
to the explorer of the commissioner's intention to release the
data. The commissioner may not release data to a person engaged
in exploration, mining, milling, or related industry pertaining
to minerals. If the commissioner determines to release data,
the explorer may demand a contested case hearing on the
commissioner's determination or may withdraw the permit
application and the data may not be released.
(d) Any person aggrieved by the decision of the
commissioner may appeal the decision according to chapter 14.
[156A.071 s. 9]
Subd. 3. [MINE DEVELOPMENT DATA.] In applying for a permit
required for mine development, which means activities undertaken
after mineral deposit evaluation for commercial exploitation of
the ore body, the explorer must submit to the commissioner of
natural resources data relevant to the proposal under
consideration. The data is public data and persons submitting
or releasing the data are not subject to civil or criminal
liability for its use by others. [156A.071 s. 9]
Subd. 4. [EXPLORATION DATA.] By six months after
termination by the explorer of a lease or other type of
exploration agreement on a property the data from the
exploration must be submitted to the commissioner of natural
resources. The data is public data and persons submitting or
releasing the data are not subject to civil or criminal
liability for its use by others. [156A.071 s. 9]
Subd. 5. [DESIGNATION OF SAMPLES TO BE SUBMITTED.] The
commissioner of natural resources shall designate the samples to
be submitted, and specify where the sample is to be delivered.
If an explorer requires certain samples in their entirety, the
commissioner of natural resources may waive the requirement for
a one-fourth portion of the samples. Samples submitted are
property of the state. [156A.071 s. 9]
GROUNDWATER THERMAL EXCHANGE DEVICES
Sec. 38. [103I.621] [PERMITS FOR GROUNDWATER THERMAL
EXCHANGE DEVICES.]
Subdivision 1. [PERMIT.] (a) Notwithstanding any
department or agency rule to the contrary, the commissioner
shall issue, on request by the owner of the property and payment
of the permit fee, permits for the reinjection of water by a
properly constructed well into the same aquifer from which the
water was drawn for the operation of a groundwater thermal
exchange device.
(b) As a condition of the permit, an applicant must agree
to allow inspection by the commissioner during regular working
hours for department inspectors.
(c) Not more than 200 permits may be issued for small
systems having maximum capacities of 20 gallons per minute or
less. The small systems are subject to inspection twice a year.
(d) Not more than ten permits may be issued for larger
systems having maximum capacities from 20 to 50 gallons per
minute. The larger systems are subject to inspection four times
a year.
(e) A person issued a permit must comply with this section
for the permit to be valid.
Subd. 2. [WATER USE REQUIREMENTS APPLY.] Water use permit
requirements and penalties under chapter 103F and related rules
adopted and enforced by the commissioner of natural resources
apply to groundwater thermal exchange permit recipients. A
person who violates a provision of this section is subject to
enforcement or penalties for the noncomplying activity that are
available to the commissioner and the pollution control agency.
Subd. 3. [CONSTRUCTION REQUIREMENTS.] (a) Withdrawal and
reinjection for the groundwater thermal exchange device must be
accomplished by a closed system in which the waters drawn for
thermal exchange do not have contact or commingle with water
from other sources or with polluting material or substances.
The closed system must be constructed to allow an opening for
inspection by the commissioner.
(b) Wells that are part of a groundwater thermal exchange
system may not serve another function, except water may be
supplied to the domestic water system if:
(1) the supply is taken from the thermal exchange system
ahead of the heat exchange unit; and
(2) the water discharges to a break tank through an air gap
that is at least twice the effective diameter of the water inlet
to the tank.
(c) A groundwater thermal exchange system may be used for
domestic water heating only if the water heating device is an
integral part of the heat exchange unit that is used for space
heating and cooling.
Subd. 4. [RULES.] The commissioner may adopt rules to
administer this section.
VERTICAL HEAT EXCHANGERS
Sec. 39. [103I.641] [VERTICAL HEAT EXCHANGERS.]
Subdivision 1. [REQUIREMENTS.] A person may not drill or
construct an excavation used to install a vertical heat
exchanger unless the person is a well contractor.
Subd. 2. [REGULATIONS FOR VERTICAL HEAT EXCHANGERS.]
Vertical heat exchangers must be constructed, maintained, and
sealed under the provisions of this chapter.
Subd. 3. [PERMIT REQUIRED.] (a) A vertical heat exchanger
may not be installed without first obtaining a permit for the
vertical heat exchanger from the commissioner. A well
contractor must apply for the permit on forms provided by the
commissioner and must pay the permit fee.
(b) As a condition of the permit, the owner of the property
where the vertical heat exchanger is to be installed must agree
to allow inspection by the commissioner during regular working
hours of department of health inspectors.
UNDERGROUND SPACE DEVELOPMENT
Sec. 40. [103I.661] [MINED UNDERGROUND SPACE DEVELOPMENT.]
Subdivision 1. [COMMISSIONER OF NATURAL RESOURCES REVIEW.]
The commissioners of natural resources and health shall review
all project plans that involve dewatering of underground
formations for construction and operation of mined underground
space to determine the effects of the proposal on the quality
and quantity of underground waters in and adjacent to the areas
where the mined underground space is to be developed. [469.141
s. 1]
Subd. 2. [PERMIT FOR WATER REMOVAL.] A mined underground
space project involving or affecting the quality and quantity of
groundwater may not be developed until a water use permit for
the appropriation of waters under chapter 103G has been issued
by the commissioner of natural resources. [469.141 s. 4]
UNDERGROUND STORAGE OF GAS OR LIQUID
Sec. 41. [103I.681] [PERMIT FOR UNDERGROUND STORAGE OF GAS
OR LIQUID.]
Subdivision 1. [PERMIT REQUIRED.] (a) The state, a person,
partnership, association, private or public corporation, county,
municipality, or other political subdivision of the state may
not displace groundwater in consolidated or unconsolidated
formations by the underground storage of a gas or liquid under
pressure without an underground storage permit from the
commissioners of natural resources and health. [84.57]
(b) The state, a person, a public corporation, county,
municipality, or other political subdivision of the state may
not store a gas or liquid, except water, below the natural
surface of the ground by using naturally occurring rock
materials as a storage reservoir without an underground storage
permit from the commissioners of health and natural resources.
[84.621 s. 1]
Subd. 2. [APPLICATION.] (a) A person may apply for an
underground storage permit by filing an application form with
the commissioner of natural resources accompanied by the
application fee and maps, plans, and specifications describing
the proposed displacement of groundwater and the underground
storage of gases or liquids and other data required by the
commissioner.
(b) The commissioner of natural resources shall prescribe
the application form to apply for an underground storage
permit. [84.58 s. 1]
(c) The commissioner of natural resources may require an
applicant to demonstrate to the commissioner that the applicant
has adequately provided a method to ensure payment of any
damages resulting from the operation of a gas or liquid storage
reservoir. [84.61]
Subd. 3. [HEARING REQUIRED.] (a) An underground storage
permit allowing displacement of groundwater may not be issued by
the commissioner of natural resources or health without holding
a public hearing on the issuance of the permit. [84.58 s. 2]
(b) By 20 days after receiving a complete application, the
commissioner of natural resources shall set a time and location
for the hearing. [84.58 s. 3]
Subd. 4. [NOTICE OF HEARING.] The hearing notice must:
(1) state the date, place, and time of the hearing;
(2) show the location of groundwater and surface water and
property affected by the proposed underground storage;
(3) be published by the applicant, or by the commissioner
of natural resources if the proceeding is initiated by the
commissioner of natural resources or health, once each week for
two successive weeks in a legal newspaper that is published in
the county where a part or all of the affected groundwater or
surface waters are located; and
(4) be mailed by the commissioner of natural resources to
the county auditor and the chief executive official of an
affected municipality. [84.58 s. 4]
Subd. 5. [PROCEDURE AT HEARING.] (a) The hearing must be
public and conducted by the commissioner of natural resources or
a referee appointed by the commissioner.
(b) Affected persons must have an opportunity to be heard.
Testimony must be taken under oath and the parties must have the
right of cross-examination. The commissioner of natural
resources shall provide a stenographer, at the expense of the
applicant, to take testimony and a record of the testimony, and
all proceedings at the hearing shall be taken and preserved.
(c) The commissioner of natural resources is not bound by
judicial rules of evidence or of pleading and procedure. [84.58
s. 5]
Subd. 6. [SUBPOENAS.] The commissioner of natural
resources or health may subpoena and compel the attendance of
witnesses and the production of books and documents material to
the purposes of the hearing. Disobedience of a subpoena, or
refusal to be sworn, or refusal to answer as a witness, is
punishable as contempt in the same manner as a contempt of the
district court. The commissioner of natural resources must file
a complaint of the disobedience with the district court of the
county where the disobedience or refusal occurred. [84.58 s. 6]
Subd. 7. [REQUIRED FINDINGS.] An order granting a permit
for the proposed storage may not be issued unless it contains
and is based on a finding stating:
(1) the proposed storage will be confined to geological
stratum or strata lying more than 500 feet below the surface of
the soil;
(2) the proposed storage will not substantially impair or
pollute groundwater or surface water; and
(3) the public convenience and necessity of a substantial
portion of the gas-consuming public in the state will be served
by the proposed project. [84.60]
Subd. 8. [ORDER CONDITIONS.] The order granting the permit
must contain conditions and restrictions that will reasonably
protect:
(1) private property or an interest not appropriated;
(2) the rights of the property owners and owners of an
interest in property located within the boundaries of the
proposed storage area, or persons claiming under the owners, to
explore for, drill for, produce or develop for the recovery of
oil or gas or minerals under the property, and to drill wells on
the property to develop and produce water; provided that the
exploration, drilling, producing, or developing complies with
orders and rules of the commissioner of natural resources that
protect underground storage strata or formations against
pollution and against the escape of gas; and
(3) public resources of the state that may be adversely
affected by the proposed project. [84.60]
Subd. 9. [PUBLICATION OF FINDINGS, CONCLUSIONS,
ORDERS.] (a) The commissioner of natural resources shall mail
notice of any findings, conclusions, and orders made after the
hearing to:
(1) the applicant;
(2) parties who entered an appearance at the hearing;
(3) the county auditor; and
(4) the chief executive officer of an affected municipality.
(b) The commissioner of natural resources must publish
notice of findings, conclusions, and orders made after the
hearing at least once each week for two successive weeks in a
legal newspaper in the county where a part or all of the
proposed project is located. The costs of the publication must
be paid by the applicant. [84.59 s. 7]
Subd. 10. [APPEAL OF COMMISSIONER'S DETERMINATION.] An
interested party may appeal the determination of the
commissioner of natural resources or health to the court of
appeals in accordance with the provisions of chapter 14.
[84.59]
Subd. 11. [PERMIT FEE SCHEDULE.] (a) The commissioner of
natural resources or health shall adopt a permit fee schedule
under chapter 14. The schedule may provide minimum fees for
various classes of permits, and additional fees, which may be
imposed subsequent to the application, based on the cost of
receiving, processing, analyzing, and issuing the permit, and
the actual inspecting and monitoring of the activities
authorized by the permit, including costs of consulting services.
(b) A fee may not be imposed on a state or federal
governmental agency applying for a permit.
(c) The fee schedule may provide for the refund of a fee,
in whole or in part, under circumstances prescribed by the
commissioner of natural resources. Permit fees received must be
deposited in the state treasury and credited to the general
fund. The amount of money necessary to pay the refunds is
appropriated annually from the general fund to the commissioner
of natural resources. [84.59 s. 8]
Sec. 42. [103I.685] [ABANDONMENT OF UNDERGROUND STORAGE
PROJECT.]
An underground storage project for which an underground
storage permit is granted may not be abandoned, or a natural or
artificial opening extending from the underground storage area
to the ground surface be filled, sealed, or otherwise closed to
inspection, except after written approval by the commissioner of
natural resources or health and in compliance with conditions
that the commissioners may impose. [84.611]
Sec. 43. [103I.691] [CERTIFICATE OF USE.]
A person may not use a gas or liquid storage reservoir
under an underground storage permit unless the right to use the
property affected by the project has been acquired and a notice
of the acquisition filed with the commissioner of natural
resources or health. The commissioner of natural resources or
health must issue a certificate approving use of the gas or
liquid storage reservoir. [84.62]
ENFORCEMENT
Sec. 44. [103I.701] [ADMINISTRATIVE REMEDIES.]
Subdivision 1. [DENIAL OF LICENSE OR REGISTRATION
RENEWAL.] (a) The commissioner may deny an application for
renewal of a license or registration if the applicant has
violated a provision of this chapter.
(b) Failure to submit a well report, well sealing report,
or to report an excavation to construct an elevator shaft, or to
obtain a well permit before construction is a violation of this
chapter and the commissioner may refuse renewal.
Subd. 2. [SUSPENSION, REVOCATION OF LICENSE OR
REGISTRATION.] (a) A license or registration issued under this
chapter may be suspended or revoked for violation of provisions
of this chapter.
(b) The commissioner may, after providing a person with
reasonable notice and a hearing, suspend or revoke the license
or registration of the person upon finding that the person has
violated a provision of this chapter that applies to the
person's license or registration.
Subd. 3. [PROCEDURE.] Proceedings by the commissioner
under this section and review shall be according to chapter 14.
Subd. 4. [CORRECTIVE ORDERS.] The commissioner may issue
corrective orders for persons to comply with the provisions of
this chapter.
Sec. 45. [103I.705] [ADMINISTRATIVE PENALTIES.]
Subdivision 1. [PENALTY AUTHORIZED.] The commissioner may
impose an administrative penalty under this section against a
person who does not comply with an order of the commissioner.
Subd. 2. [SEALING WELLS AND ELEVATOR SHAFTS.] A well
contractor or limited well sealing contractor who seals a well,
a monitoring well contractor who seals a monitoring well, or a
well contractor or an elevator shaft contractor who seals a hole
that was used for an elevator shaft under a corrective order of
the commissioner in a manner that does not comply with the water
well construction code, shall be assessed an administrative
penalty of $500.
Subd. 3. [CONTAMINATION RELATING TO WELL CONSTRUCTION.] A
well contractor, limited well contractor, or monitoring well
contractor working under a corrective order of the commissioner
who fails to comply with the rules in the water well
construction code relating to location of wells in relation to
potential sources of contamination, grouting, materials, or
construction techniques shall be assessed an administrative
penalty of $500.
Subd. 4. [WELL CONSTRUCTION AND MACHINERY.] A well
contractor, limited well contractor, or monitoring well
contractor working under a corrective order shall be assessed an
administrative penalty of $250 if the contractor fails as
required in the order:
(1) to have a plan review approved before a well is
constructed; construct a well without if a plan review is
required;
(2) to have a permit before a well is constructed;
(3) to register a drilling rig or pump rig or to display
the state decal and the registration number on the machine; or
(4) to comply with the rules in the water well construction
code relating to disinfection of wells and submission of well
construction or well sealing logs and water samples.
Subd. 5. [FALSE INFORMATION.] A person under a corrective
order shall be assessed an administration penalty of $250 if the
person:
(1) fails to disclose or falsifies information about the
status and location of wells on property before signing an
agreement of sale or transfer of the property; or
(2) fails to disclose or falsifies information on a well
certificate.
Subd. 6. [FAILURE TO SEAL WELL OR HAVE CONSTRUCTION
PERMIT.] A person under a corrective order shall be assessed an
administrative penalty of $250 if the person:
(1) employs a well contractor on the person's property and
fails to obtain a permit for construction of the well; or
(2) fails to have a well sealed in accordance with the
rules.
Sec. 46. [103I.711] [IMPOUNDING OF EQUIPMENT.]
Subdivision 1. [IMPOUNDMENT.] If the commissioner issues
an order finding that a person is constructing, repairing, or
sealing wells or installing pumps or pumping equipment or
excavating holes for installing elevator shafts or hydraulic
cylinders without a license or registration as required under
this chapter, a sheriff on receipt of the order must seize and
impound equipment of the person.
Subd. 2. [RELEASE.] The equipment must remain in the
custody of the sheriff until the equipment is released under the
order of a court or until the commissioner orders the sheriff to
release the equipment.
Sec. 47. [103I.715] [CRIMINAL PENALTIES.]
Subdivision 1. [MISDEMEANORS.] A person who violates a
provision of this chapter is guilty of a misdemeanor.
Subd. 2. [GROSS MISDEMEANORS.] A person is guilty of a
gross misdemeanor who:
(1) willfully violates a provision of this chapter or order
of the commissioner;
(2) engages in the business of drilling or making wells,
sealing wells, installing pumps or pumping equipment, or
constructing elevator shafts without a license required by this
chapter; or
(3) engages in the business of exploratory boring without
an exploratory borer's license under this chapter. [156A.08 s.
1]
Subd. 3. [PROSECUTION AND VENUE.] A violation of this
chapter shall be prosecuted by the county attorney in the county
where the violation occurred or is occurring. The trial shall
be held in that county. [156A.08 s. 1]
Sec. 48. [REPEALER.]
Minnesota Statutes 1988, sections 84.57; 84.58; 84.59;
84.60; 84.61; 84.611; 84.62; 84.621; 105.51, subdivision 3;
156A.01; 156A.02; 156A.03; 156A.031; 156A.04; 156A.05; 156A.06;
156A.07; 156A.071; 156A.075; 156A.08; 156A.10; and 156A.11, are
repealed.
Sec. 49. [EFFECTIVE DATE.]
Section 9 is effective July 1, 1989, but a well
notification is not required to be filed with the commissioner
for construction of a well until after December 31, 1989.
Section 14 relating to disclosing wells to buyers and
transferees is effective July 1, 1990.
Section, 31, 32, and 33 are effective July 1, 1990, and
limited well contractor licenses and limited well sealing
licenses may not be issued until after that date.
Sections 24 and 33 relating to permits required for
elevator shafts and elevator shaft contractor licenses are
effective July 1, 1990.
ARTICLE 4
WATER CONSERVATION
Section 1. Minnesota Statutes 1988, section 105.41,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER'S PERMISSION.] (a) It is
unlawful for the state, any person, partnership, or association,
private or public corporation, county, municipality, or other
political subdivision of the state to appropriate or use any
waters of the state, surface or underground, without the written
permit of the commissioner. This section does not apply to the
use of water for domestic purposes serving less than 25
persons. The commissioner shall set up a statewide training
program to provide training in the conduct of pumping tests and
data acquisition programs.
(b) A permit may not be issued under this section unless
the permit is consistent with state, regional, and local water
and related land resources management plans.
(c) The commissioner may not modify or restrict the amount
of appropriation from a groundwater source authorized in a
permit issued for agricultural irrigation under section 105.44,
subdivision 8, between May 1 and October 1 of any year, unless
the commissioner determines the authorized amount of
appropriation endangers a domestic water supply.
Sec. 2. Minnesota Statutes 1988, section 105.41,
subdivision 1a, is amended to read:
Subd. 1a. [WATER ALLOCATION RULES, PRIORITIES.] (a) The
commissioner shall submit to the legislature by January 1, 1975,
for its approval, proposed adopt rules governing the for
allocation of waters among potential water users. These rules
must be based on the following priorities for the consumptive
appropriation and use of water:
(1) first priority: domestic water supply, excluding
industrial and commercial uses of municipal water supply., and
use for power production that meets the contingency planning
provisions of section 105.417, subdivision 5;
(2) second priority: any a use of water that involves
consumption of less than 10,000 gallons of water a per day. In
this section "consumption" means water withdrawn from a supply
that is lost for immediate further use in the area.;
(3) third priority: agricultural irrigation and processing
of agricultural products, involving consumption in excess of
10,000 gallons a per day, and processing of agricultural
products.;
(4) fourth priority: power production, involving
consumption in excess of 10,000 gallons a day. in excess of the
use provided for in the contingency plan developed under section
105.417, subdivision 5; and
(5) fifth priority: other uses, other than agricultural
irrigation, processing of agricultural products, and power
production, involving consumption in excess of 10,000 gallons a
per day and nonessential uses of public water supplies as
defined in section 105.518, subdivision 1.
(b) For the purposes of this section, "consumption" shall
mean water withdrawn from a supply which is lost for immediate
further use in the area.
(c) Appropriation and use of surface water from streams
during periods of flood flows and high water levels must be
encouraged subject to consideration of the purposes for use,
quantities to be used, and the number of persons appropriating
water.
(d) Appropriation and use of surface water from lakes of
less than 500 acres in surface area must be discouraged.
(e) The treatment and reuse of water from nonconsumptive
uses shall be encouraged.
(f) Diversions of water from the state for use in other
states or regions of the United States or Canada must be
discouraged.
No permit may be issued under this section unless it is
consistent with state, regional, and local water and related
land resources management plans, if regional and local plans are
consistent with statewide plans. The commissioner must not
modify or restrict the amount of appropriation from a
groundwater source authorized in a permit issued under section
105.44, subdivision 8, between May 1 and October 1 of any year,
unless the commissioner determines the authorized amount of
appropriation endangers any domestic water supply.
Sec. 3. Minnesota Statutes 1988, section 105.41,
subdivision 1b, is amended to read:
Subd. 1b. [USE LESS THAN MINIMUM.] No Except for local
permits under section 473.877, subdivision 1, a permit is not
required for the appropriation and use of less than a minimum
amount to be established by the commissioner by rule. Permits
for more than the minimum amount but less than an intermediate
amount to be specified by the commissioner by rule must be
processed and approved at the municipal, county, or regional
level based on rules to be established by the commissioner by
January 1, 1977. The rules must include provisions for
reporting to the commissioner the amounts of water appropriated
under local permits.
Sec. 4. Minnesota Statutes 1988, section 105.41, is
amended by adding a subdivision to read:
Subd. 1c. [CERTAIN COOLING SYSTEM PERMITS PROHIBITED.] (a)
The commissioner may not issue a water use permit from a
groundwater source for a once-through cooling system using in
excess of five million gallons annually.
(b) For purposes of this subdivision, a once-through
cooling system means a cooling or heating system for human
comfort that draws a continuous stream of water from a
groundwater source to remove or add heat for cooling, heating,
or refrigeration.
Sec. 5. Minnesota Statutes 1988, section 105.41,
subdivision 5, is amended to read:
Subd. 5. [RECORDS REQUIRED.] Records of the amount of
water appropriated or used must be kept for each installation.
The readings and the total amount of water appropriated must be
reported annually to the commissioner of natural resources on or
before February 15 of the following year upon forms to be
supplied by the commissioner.
The records must be submitted with an annual water
appropriation processing fee in the amount established in
accordance with the following schedule of fees for each water
appropriation permit in force at any time during the year: (1)
irrigation permits, $15 for the first permitted 160 acres or
part of 160 acres, and $25 for each additional permitted 160
acres or part of 160 acres; (2) for nonirrigation permits, $5
for each ten million gallons or portion of that amount permitted
each year. However, the fee must not exceed a total of $500 per
permit.
Subd. 5a. [WATER USE PROCESSING FEE.] (a) Except as
provided in paragraph (b), a water use processing fee not to
exceed $2,000 must be prescribed by the commissioner in
accordance with the following schedule of fees for each water
use permit in force at any time during the year:
(1) 0.05 cent per 1,000 gallons for the first 50 million
gallons per year; and
(2) 0.1 cents per 1,000 gallons for the amounts greater
than 50 million gallons per year.
(b) For once-through cooling systems as defined in
subdivision 1c, a water use processing fee must be prescribed by
the commissioner in accordance with the following schedule of
fees for each water use permit in force at any time during the
year:
(1) 5.0 cents per 1,000 gallons until December 31, 1991;
(2) 10.0 cents for 1,000 gallons from January 1, 1992,
until December 31, 1996; and
(3) 15.0 cents per 1,000 gallons after January 1, 1997.
(c) The fee is payable regardless of based on the amount of
water appropriated permitted during the year and in no case may
the fee be less than $25.
(d) Failure to pay the fee is sufficient cause for revoking
a permit. No fee may be imposed on any state agency, as defined
in section 16B.01, or federal governmental agency holding a
water appropriation permit.
Sec. 6. Minnesota Statutes 1988, section 105.418, is
amended to read:
105.418 [CONSERVATION OF PUBLIC WATER SUPPLIES.]
(a) During periods of critical water deficiency as
determined by the governor and declared by executive order of
the governor, public water supply authorities appropriating
water shall adopt and enforce restrictions consistent with rules
adopted by the commissioner of natural resources within their
areas of jurisdiction. The restrictions must limit lawn
sprinkling, car washing, golf course and park irrigation, and
other nonessential uses and have appropriate penalties for
failure to comply with the restrictions.
(b) The commissioner may adopt emergency rules according to
sections 14.29 to 14.36 relating to matters covered by this
section during the year 1977.
(c) Disregard of critical water deficiency orders, even
though total appropriation remains less than that permitted,
is adequate grounds for immediate modification of any a public
water supply authority's appropriator's water use permit.
Sec. 7. Minnesota Statutes 1988, section 473.877, is
amended by adding a subdivision to read:
Subd. 4. [APPROPRIATIONS FROM SMALL WATERCOURSES.] (a)
This subdivision applies in Hennepin and Ramsey counties to the
following public waters:
(1) a public water basin or wetland wholly within the
county that is less than 500 acres; or
(2) a protected watercourse that has a drainage area of
less than 50 square miles.
(b) An appropriation of water that is below the minimum
established in section 105.41, subdivision 1b, for a
nonessential use, as defined under section 105.418, is
prohibited unless a permit is obtained from the watershed
district or watershed management organization having
jurisdiction over the public water basin, wetland, or
watercourse. The watershed district or watershed management
organization may impose a fee to cover the cost of issuing the
permit. This subdivision must be enforced by the home rule
charter or statutory city where the appropriation occurs.
Violation of this subdivision is a petty misdemeanor, except
that a second violation within a year is a misdemeanor.
Affected cities shall mail notice of this law to affected
riparian landowners.
Sec. 8. [CONSUMPTIVE WATER USE STUDY.]
The commissioner of natural resources shall conduct a study
of consumptive water use and its impact on existing aquifers.
The commissioner shall review methods of reducing consumptive
water use, including the conversion of once-through cooling
systems to alternative systems. The commissioner shall report
to the legislative water commission by February 15, 1990, the
commissioner's recommendations for alternatives to the
once-through cooling systems, including the environmental and
economic implications of the alternatives. The recommendations
must include: options for converting once-through cooling
systems; a time schedule for phasing out existing systems;
recommended technologies to be used to accomplish the
conversion; recommendations for a fee structure that will make
once-through cooling systems and conventional systems equal in
operating costs; recommendations on the use of deep aquifers for
once-through cooling; recommendations on authorizing systems of
better efficiency; and advisability of systems that recharge
aquifers.
ARTICLE 5
PESTICIDE AMENDMENTS
Section 1. Minnesota Statutes 1988, section 18B.01,
subdivision 5, is amended to read:
Subd. 5. [COMMERCIAL APPLICATOR.] "Commercial applicator"
means a person who has or is required to have a commercial
applicator license.
Sec. 2. Minnesota Statutes 1988, section 18B.01, is
amended by adding a subdivision to read:
Subd. 4a. [COLLECTION SITE.] "Collection site" means a
permanent or temporary designated location with scheduled hours
for authorized collection where pesticide end users may bring
their waste pesticides.
Sec. 3. Minnesota Statutes 1988, section 18B.01, is
amended by adding a subdivision to read:
Subd. 6a. [CONTAINER.] "Container" means a portable device
in which a material is stored, transported, treated, disposed
of, or otherwise handled.
Sec. 4. Minnesota Statutes 1988, section 18B.01, is
amended by adding a subdivision to read:
Subd. 6b. [CORRECTIVE ACTION.] "Corrective action" means
an action taken to minimize, eliminate, or clean up an incident.
Sec. 5. Minnesota Statutes 1988, section 18B.01,
subdivision 12, is amended to read:
Subd. 12. [INCIDENT.] "Incident" means a flood, fire,
tornado, transportation accident, storage container rupture,
portable container rupture, leak, spill, emission discharge,
escape, disposal, or other event that releases or immediately
threatens to release a pesticide accidentally or otherwise into
the environment, and may cause unreasonable adverse effects on
the environment. "Incident" does not include the lawful use or
intentional a release of a from normal use of a pesticide or
practice in accordance with its approved labeling law.
Sec. 6. Minnesota Statutes 1988, section 18B.01, is
amended by adding a subdivision to read:
Subd. 14a. [LOCAL UNIT OF GOVERNMENT.] "Local unit of
government" means a statutory or home rule charter city, town,
county, soil and water conservation district, watershed
district, another special purpose district, and local or
regional board.
Sec. 7. Minnesota Statutes 1988, section 18B.01,
subdivision 15, is amended to read:
Subd. 15. [NONCOMMERCIAL APPLICATOR.] "Noncommercial
applicator" means a person with who has or is required to have a
noncommercial applicator license.
Sec. 8. Minnesota Statutes 1988, section 18B.01, is
amended by adding a subdivision to read:
Subd. 15a. [OWNER OF REAL PROPERTY.] "Owner of real
property" means a person who is in possession of, has the right
of control, or controls the use of real property, including a
person who has legal title to property and a person who has the
right to use or contract use of the property under a lease,
contract for deed, or license.
Sec. 9. Minnesota Statutes 1988, section 18B.01,
subdivision 19, is amended to read:
Subd. 19. [PESTICIDE DEALER.] "Pesticide dealer" means a
person with who has or is required to have a pesticide dealer
license.
Sec. 10. Minnesota Statutes 1988, section 18B.01, is
amended by adding a subdivision to read:
Subd. 19a. [PESTICIDE END USER.] "Pesticide end user"
means a farmer or other person who uses, intends to use, or owns
a pesticide. Pesticide end user does not include a dealer,
manufacturer, formulator, or packager.
Sec. 11. Minnesota Statutes 1988, section 18B.01,
subdivision 21, is amended to read:
Subd. 21. [PRIVATE APPLICATOR.] "Private applicator" means
a person certified or required to be certified to use or
supervise use of restricted use pesticides.
Sec. 12. Minnesota Statutes 1988, section 18B.01, is
amended by adding a subdivision to read:
Subd. 24b. [RETURNABLE CONTAINER.] "Returnable container"
means a container for distributing pesticides that enables the
unused pesticide product to be returned to the distributor,
manufacturer, or packager, and includes bulk, mini-bulk, or
dedicated containers designed to protect the integrity of the
pesticide and prevent contamination through the introduction of
unauthorized materials.
Sec. 13. Minnesota Statutes 1988, section 18B.01,
subdivision 26, is amended to read:
Subd. 26. [SAFEGUARD.] "Safeguard" means a facility,
equipment, device, or system, or a combination of these,
designed to prevent the escape or movement of a pesticide from
the place it is stored or kept under conditions that might
otherwise result in contamination of the environment an incident
as required by rule.
Sec. 14. Minnesota Statutes 1988, section 18B.01,
subdivision 30, is amended to read:
Subd. 30. [STRUCTURAL PEST CONTROL APPLICATOR.]
"Structural pest control applicator" means a person with who has
or is required to have a structural pest control applicator
license.
Sec. 15. Minnesota Statutes 1988, section 18B.01, is
amended by adding a subdivision to read:
Subd. 31a. [WASTE PESTICIDE.] "Waste pesticide" means a
pesticide that the pesticide end user considers a waste. A
waste pesticide can be a canceled pesticide, an unusable
pesticide, or a usable pesticide.
Sec. 16. Minnesota Statutes 1988, section 18B.04, is
amended to read:
18B.04 [PESTICIDE IMPACT ON WATER QUALITY ENVIRONMENT.]
The commissioner shall:
(1) determine the impact of pesticides on the environment,
including the impacts on surface water and ground
water groundwater in this state;
(2) develop best management practices involving pesticide
distribution, storage, handling, use, and disposal; and
(3) cooperate with and assist other state agencies and
local governments to protect public health and the environment
from harmful exposure to pesticides.
Sec. 17. [18B.045] [PESTICIDE MANAGEMENT PLAN.]
Subdivision 1. [DEVELOPMENT.] The commissioner shall
develop a pesticide management plan for the prevention,
evaluation, and mitigation of occurrences of pesticides or
pesticide breakdown products in groundwaters and surface waters
of the state. The pesticide management plan must include
components promoting prevention, developing appropriate
responses to the detection of pesticides or pesticide breakdown
products in groundwater and surface waters, and providing
responses to reduce or eliminate continued pesticide movement to
groundwater and surface water.
Subd. 2. [COORDINATION.] The pesticide management plan
shall be coordinated and developed with other state agency plans
and with other state agencies through the environmental quality
board. In addition, the University of Minnesota extension
service, farm organizations, farmers, environmental
organizations, and industry shall be involved in the pesticide
management plan development.
Sec. 18. [18B.063] [STATE USES OF PESTICIDES AND
NUTRIENTS.]
The state shall use integrated pest management techniques
in its management of public lands, including roadside
rights-of-way, parks, and forests; and shall use planting
regimes that minimize the need for pesticides and added
nutrients.
Sec. 19. [18B.064] [PESTICIDE USE INFORMATION.]
The commissioner shall monitor urban and rural pesticide
use on a biennial basis. Information shall be collected and
automated consistent with section 116C.41, subdivision 1.
Sec. 20. [18B.065] [WASTE PESTICIDE COLLECTION PROGRAM.]
Subdivision 1. [COLLECTION AND DISPOSAL.] The commissioner
of agriculture shall establish and operate a program to collect
waste pesticides. The program shall be made available to
pesticide end users whose waste generating activity occurs in
this state.
Subd. 2. [IMPLEMENTATION.] (a) The commissioner may obtain
a United States Environmental Protection Agency hazardous waste
identification number to manage the waste pesticides collected.
(b) The commissioner may limit the type and quantity of
waste pesticides accepted for collection and may assess
pesticide end users for portions of the costs incurred.
Subd. 3. [INFORMATION AND EDUCATION.] The commissioner
shall provide informational and educational materials regarding
waste pesticides and the proper management of waste pesticides
to the public.
Subd. 4. [CONSULTATION WITH POLLUTION CONTROL AGENCY.] The
commissioner shall develop the program in this section in
consultation and cooperation with the pollution control agency.
Subd. 5. [WASTE PESTICIDE COLLECTION ACCOUNT.] A waste
pesticide account is established in the state treasury.
Assessments collected under subdivision 2 shall be deposited in
the state treasury and credited to the waste pesticide account.
Money in the account is appropriated to the commissioner to pay
for costs incurred to implement the waste pesticide collection
program.
Subd. 6. [RULES.] The commissioner may adopt rules to
administer this section.
Subd. 7. [COOPERATIVE AGREEMENTS.] The commissioner may
enter into cooperative agreements with state agencies and local
units of government for administration of the waste pesticide
collection program.
Sec. 21. Minnesota Statutes 1988, section 18B.07,
subdivision 2, is amended to read:
Subd. 2. [PROHIBITED PESTICIDE USE.] (a) A person may not
use, store, handle, distribute, or dispose of a pesticide,
rinsate, pesticide container, or pesticide application equipment
in a manner:
(1) that is inconsistent with a label or labeling as
defined by FIFRA;
(2) that endangers humans, damages agricultural products,
food, livestock, fish, or wildlife, or beneficial insects; or
(3) that will cause unreasonable adverse effects on the
environment.
(b) A person may not direct a pesticide on onto property
beyond the boundaries of the target site. A person may not
apply a pesticide resulting in damage to adjacent property.
(c) A person may not directly apply a pesticide on a human
by overspray or target site spray.
(d) A person may not apply a pesticide in a manner so as to
expose a worker in an immediately adjacent, open field.
Sec. 22. Minnesota Statutes 1988, section 18B.07,
subdivision 3, is amended to read:
Subd. 3. [POSTING.] (a) If the pesticide labels prescribe
specific hourly or daily intervals for human reentry following
application, the person applying the pesticide must post fields
sites, buildings, or areas where the pesticide has been
applied. The posting must be done with placards in accordance
with label requirements and rules adopted under this section.
(b) Fields Sites being treated with pesticides through
irrigation systems must be posted throughout the period of
pesticide treatment. The posting must be done in accordance
with labeling and rules adopted under this chapter.
Sec. 23. Minnesota Statutes 1988, section 18B.07,
subdivision 4, is amended to read:
Subd. 4. [PESTICIDE SAFEGUARDS AT APPLICATION SITES.] A
person may not allow a pesticide, rinsate, or unrinsed pesticide
container to be stored, kept, or to remain in or on any site
without safeguards adequate to prevent the escape or movement of
the pesticides from the site an incident.
Sec. 24. Minnesota Statutes 1988, section 18B.07,
subdivision 6, is amended to read:
Subd. 6. [USE OF PUBLIC WATERS FOR FILLING EQUIPMENT.] (a)
A person may not fill pesticide application equipment directly
from public or other waters of the state, as defined in section
105.37, subdivision 14, unless the equipment contains proper and
functioning anti-backsiphoning mechanisms. The person may not
introduce pesticides into the application equipment until after
filling the equipment from the public waters.
(b) This subdivision does not apply to permitted
applications of aquatic pesticides to public waters.
Sec. 25. Minnesota Statutes 1988, section 18B.08,
subdivision 1, is amended to read:
Subdivision 1. [PERMIT REQUIRED.] (a) A person may not
apply pesticides through an irrigation system without a
chemigation permit from the commissioner. Only one A
chemigation permit is required for two one or more wells or
other sources of irrigation water that are protected from
contamination by the same devices as required by rule. The
commissioner may allow irrigation to be used to apply pesticides
on crops and land, including agricultural, nursery, turf, golf
course, and greenhouse sites.
(b) A person must apply for a chemigation permit on forms
prescribed by the commissioner.
Sec. 26. Minnesota Statutes 1988, section 18B.08,
subdivision 3, is amended to read:
Subd. 3. [EQUIPMENT.] A chemigation system must be fitted
with effective antisiphon devices or check valves that prevent
the backflow of pesticides or pesticide-water mixtures into
water supplies or other materials during times of irrigation
system failure or equipment shutdown. The devices or valves
must be installed between:
(1) the irrigation system pump or water source discharge
and the point of pesticide injection; and
(2) the point of pesticide injection and the pesticide
supply.
Sec. 27. Minnesota Statutes 1988, section 18B.08,
subdivision 4, is amended to read:
Subd. 4. [APPLICATION FEE.] A person initially applying
for a chemigation permit must pay a nonrefundable application
fee of $50 for each well that is to be used in applying the
pesticides by irrigation. A person who holds a fertilizer
chemigation permit under article 6, section 11, is exempt from
the fee in this subdivision.
Sec. 28. [18B.115] [USE OF CHLORDANE PROHIBITED.]
The state, a state agency, a political subdivision of the
state, a person, or other legal entity may not sell, use, or
apply the pesticide chlordane or its derivative heptachlor
within the state.
Sec. 29. [18B.135] [SALE OF PESTICIDES IN RETURNABLE
CONTAINERS AND MANAGEMENT OF UNUSED PORTIONS.]
Subdivision 1. [ACCEPTANCE OF RETURNABLE CONTAINERS.] (a)
A person distributing, offering for sale, or selling a pesticide
must accept empty pesticide containers and the unused portion of
pesticide that remains in the original container from a
pesticide end user if:
(1) the pesticide was purchased after the effective date of
this section; and
(2) a place is not designated in the county for the public
to return empty pesticide containers and the unused portion of
pesticide.
(b) This subdivision does not prohibit the use of
refillable and reusable pesticide containers.
(c) The legislative water commission must prepare a report
and make a recommendation to the legislature on the handling of
waste pesticide containers and waste pesticides.
Subd. 2. [RULES.] The commissioner may adopt rules to
implement this section, including procedures and standards
prescribing the exemption of certain pesticide products and
pesticide containers.
PESTICIDE RELEASE INCIDENTS
Sec. 30. Minnesota Statutes 1988, section 18B.26,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) A person may not use or
distribute a pesticide in this state unless it is registered
with the commissioner. Pesticide registrations expire on
December 31 of each year and may be renewed on or before that
date for the following calendar year.
(b) Registration is not required if a pesticide is shipped
from one plant or warehouse to another plant or warehouse
operated by the same person and used solely at the plant or
warehouse as an ingredient in the formulation of a pesticide
that is registered under this chapter.
(c) An unregistered pesticide that was previously
registered with the commissioner may be used only with the
written permission of the commissioner.
(d) Each pesticide with a unique United States
Environmental Protection Agency pesticide registration number or
a unique brand name must be registered with the commissioner.
Sec. 31. Minnesota Statutes 1988, section 18B.26,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION FEE.] (a) An application for initial
registration and renewal must be accompanied by a nonrefundable
application fee of $125 for each pesticide to be registered. A
registrant shall pay an annual application fee for each
pesticide to be registered, and this fee is set at one-tenth of
one percent for 1990 and at one-fifth of one percent thereafter
of annual gross sales within the state, with a minimum fee of
$150. A registrant paying more than the minimum fee shall pay
the application fee in quarterly installments by 30 days after
the end of each calendar quarter based on the gross sales of the
pesticide by the registrant for the preceding calendar quarter.
The fee for disinfectants and sanitizers is $150. Of the amount
collected after July 1, 1990, $600,000 per year must be credited
to the waste pesticide account under section 20, subdivision 5.
(b) An additional fee of $100 must be paid by the applicant
for each pesticide to be registered if the application is a
renewal application that is submitted after December 31.
(c) An additional fee of $200 must be paid by the applicant
for each pesticide distributed or used in the state before
initial state registration. A registrant must annually report
to the commissioner the amount and type of each registered
pesticide sold, offered for sale, or otherwise distributed in
the state. The report shall be filed at the time of payment of
the registration application fee. The commissioner shall
specify the form of the report and require additional
information deemed necessary to determine the amount and type of
pesticides annually distributed in the state. The information
required shall include the brand name, amount, and formulation
of each pesticide sold, offered for sale, or otherwise
distributed in the state, but the information collected, if made
public, shall be reported in a manner which does not identify a
specific brand name in the report.
Sec. 32. Minnesota Statutes 1988, section 18B.26,
subdivision 5, is amended to read:
Subd. 5. [APPLICATION REVIEW AND REGISTRATION.] (a) The
commissioner may not deny the registration of a pesticide
because the commissioner determines the pesticide is not
essential.
(b) The commissioner shall review each application and may
approve, deny, or cancel the registration of any pesticide. The
commissioner may impose state use and distribution restrictions
on a pesticide as part of the registration to prevent
unreasonable adverse effects on the environment.
(c) The commissioner must notify the applicant of the
approval, denial, cancellation, or state use or distribution
restrictions within 30 days after the application and fee are
received.
(d) The applicant may request a hearing on any adverse
action of the commissioner within 30 days after being notified
by the commissioner.
Sec. 33. Minnesota Statutes 1988, section 18B.26, is
amended by adding a subdivision to read:
Subd. 6. [DISCONTINUANCE OF REGISTRATION.] To ensure
complete withdrawal from distribution or further use of a
pesticide, a person who intends to discontinue a pesticide
registration must:
(1) terminate a further distribution within the state and
continue to register the pesticide annually for two successive
years;
(2) initiate and complete a total recall of the pesticide
from all distribution in the state within 60 days from the date
of notification to the commissioner of intent to discontinue
registration; or
(3) submit to the commissioner evidence adequate to
document that no distribution of the registered pesticide has
occurred in the state.
Sec. 34. [18B.035] [PESTICIDE EDUCATION AND TRAINING.]
Subdivision 1. [EDUCATION AND TRAINING.] (a) The
commissioner shall develop, in conjunction with the University
of Minnesota extension service, innovative educational and
training programs addressing pesticide concerns including:
(1) water quality protection;
(2) endangered species;
(3) pesticide residues in food and water;
(4) worker protection;
(5) chronic toxicity;
(6) integrated pest management; and
(7) pesticide disposal.
(b) The commissioner shall appoint educational planning
committees which must include representatives of industry.
(c) Specific current regulatory concerns must be discussed
and, if appropriate, incorporated into each training session.
(d) The commissioner may approve programs from private
industry and nonprofit organizations that meet minimum
requirements for education, training, and certification.
Subd. 2. [TRAINING MANUAL AND EXAMINATION
DEVELOPMENT.] The commissioner, in conjunction with the
University of Minnesota extension service, shall continually
revise and update pesticide applicator training manuals and
examinations. The manuals and examinations must be written to
meet or exceed the minimum standards required by the United
States Environmental Protection Agency and pertinent state
specific information. Questions in the examinations must be
determined by the responsible agencies. Manuals and
examinations must include pesticide management practices that
discuss prevention of pesticide occurrence in groundwaters of
the state.
Subd. 3. [PESTICIDE APPLICATOR EDUCATION AND EXAMINATION
REVIEW BOARD.] (a) The commissioner shall establish and chair a
pesticide applicator education and examination review board.
This board must meet at least once a year before the initiation
of pesticide educational planning programs. The purpose of the
board is to discuss topics of current concern that can be
incorporated into pesticide applicator training sessions and
appropriate examinations. This board shall review and evaluate
the various educational programs recently conducted and
recommend options to increase overall effectiveness.
(b) Membership on this board must represent industry,
private, nonprofit organizations, and other governmental
agencies, including the University of Minnesota, the pollution
control agency, department of health, department of natural
resources, and department of transportation.
(c) Membership on the board must include representatives
from environmental protection organizations.
Sec. 35. Minnesota Statutes 1988, section 18B.31,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) Except as provided in
paragraph (b), a person may not distribute at wholesale or
retail or possess restricted use pesticides or bulk pesticides
with an intent to distribute them to an ultimate user without a
pesticide dealer license.
(b) The pesticide dealer license requirement does not apply
to:
(1) a licensed commercial applicator, noncommercial
applicator, or structural pest control applicator who uses
restricted use pesticides only as an integral part of a
pesticide application service;
(2) a federal, state, county, or municipal agency using
restricted use pesticides for its own programs; or
(3) a licensed pharmacist, physician, dentist, or
veterinarian when administering or dispensing a restricted use
pesticide for use in the pharmacist's, physician's, dentist's,
or veterinarian's practice; or
(4) a distributor or wholesaler shipping restricted use
pesticides to commercial applicators who are the ultimate users.
(c) A licensed pesticide dealer may sell restricted use
pesticides only to an applicator licensed or certified by the
commissioner, unless a sale is allowed by rule.
Sec. 36. Minnesota Statutes 1988, section 18B.31,
subdivision 3, is amended to read:
Subd. 3. [LICENSE.] A pesticide dealer license:
(1) expires on December 31 of each year unless it is
suspended or revoked before that date; and
(2) is not transferable to another person or location; and
(3) must be prominently displayed to the public in the
pesticide dealer's place of business.
Sec. 37. Minnesota Statutes 1988, section 18B.31,
subdivision 5, is amended to read:
Subd. 5. [APPLICATION FEE.] (a) An application for a
pesticide dealer license must be accompanied by a nonrefundable
application fee of $50.
(b) If an application for renewal of a pesticide dealer
license is not filed before January 1 of the year for which the
license is to be issued, an additional fee of $20 must be paid
by the applicant before the license is issued.
(c) An application for a duplicate pesticide dealer's
license must be accompanied by a nonrefundable application fee
of $10.
Sec. 38. Minnesota Statutes 1988, section 18B.32,
subdivision 2, is amended to read:
Subd. 2. [LICENSES.] (a) A structural pest control license:
(1) expires on December 31 of the year for which the
license is issued; and
(2) is not transferable; and
(3) must be prominently displayed to the public in the
structural pest controller's place of business.
(b) The commissioner shall establish categories of master,
journeyman, and fumigator for a person to be licensed under a
structural pest control license.
Sec. 39. Minnesota Statutes 1988, section 18B.33,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) A person may not apply a
pesticide for hire without a commercial applicator license for
the appropriate use categories except a licensed structural pest
control applicator.
(b) A person with a commercial applicator license may not
apply pesticides on or into surface waters without an aquatic
category endorsement on a commercial applicator license.
(c) A commercial applicator licensee must have a valid
license identification card when applying pesticides for hire
and must display it upon demand by an authorized representative
of the commissioner or a law enforcement officer. The
commissioner shall prescribe the information required on the
license identification card.
Sec. 40. Minnesota Statutes 1988, section 18B.33,
subdivision 3, is amended to read:
Subd. 3. [LICENSE.] A commercial applicator license:
(1) expires on December 31 of the year for which it is
issued, unless suspended or revoked before that date; and
(2) is not transferable to another person; and
(3) must be prominently displayed to the public in the
commercial applicator's place of business.
Sec. 41. Minnesota Statutes 1988, section 18B.33,
subdivision 7, is amended to read:
Subd. 7. [APPLICATION FEES.] (a) A person initially
applying for or renewing a commercial applicator license as a
business entity must pay a nonrefundable application fee of $50,
except a person who is an employee of a business entity that has
a commercial applicator license and is applying for or renewing
a commercial applicator license as an individual the
nonrefundable application fee is $25.
(b) If a renewal application is not filed before March 1 of
the year for which the license is to be issued, an additional
penalty fee of $10 must be paid before the commercial applicator
license may be issued.
(c) An application for a duplicate commercial applicator
license must be accompanied by a nonrefundable application fee
of $10.
Sec. 42. Minnesota Statutes 1988, section 18B.34,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) Except for a licensed
commercial applicator, certified private applicator, or licensed
structural pest control applicator, a person, including a
government employee, may not use a restricted use pesticide in
performance of official duties without having a noncommercial
applicator license for an appropriate use category.
(b) A person with a licensed noncommercial applicator
license may not apply pesticides into or on surface waters
without an aquatic category endorsement on the license.
(c) A licensee must have a valid license identification
card when applying pesticides and must display it upon demand by
an authorized representative of the commissioner or a law
enforcement officer. The license identification card must
contain information required by the commissioner.
Sec. 43. Minnesota Statutes 1988, section 18B.34,
subdivision 2, is amended to read:
Subd. 2. [LICENSE.] A noncommercial applicator license:
(1) expires on December 31 of the year for which it is
issued unless suspended or revoked before that date; and
(2) is not transferable; and
(3) must be prominently displayed to the public in the
noncommercial applicator's place of business.
Sec. 44. Minnesota Statutes 1988, section 18B.34,
subdivision 5, is amended to read:
Subd. 5. [FEES.] (a) A person initially applying for or
renewing a noncommercial applicator license as a business entity
must pay a nonrefundable application fee of $50. A person who
is an employee of a business entity that has a noncommercial
applicator license and is applying for or renewing a
noncommercial applicator license as an individual must pay a
nonrefundable application fee of $25, except an applicant who is
a government employee who uses pesticides in the course of
performing official duties must pay a nonrefundable application
fee of $10.
(b) If an application for renewal of a noncommercial
license is not filed before March 1 in the year for which the
license is to be issued, an additional penalty fee of $10 must
be paid before the renewal license may be issued.
(c) An application for a duplicate noncommercial applicator
license must be accompanied by a nonrefundable application fee
of $10.
Sec. 45. Minnesota Statutes 1988, section 18B.36,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) Except for a licensed
commercial or noncommercial applicator, only a person certified
as a private applicator may use or supervise the use of a
restricted use pesticide to produce an agricultural commodity:
(1) as a traditional exchange of services without financial
compensation; or
(2) on a site owned, rented, or managed by the person or
the person's employees.
(b) A private applicator may not purchase a restricted use
pesticide without presenting a certified private applicator card
or the card number.
Sec. 46. Minnesota Statutes 1988, section 18B.36,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATION.] (a) The commissioner shall
prescribe certification requirements and provide training that
meets or exceeds United States Environmental Protection Agency
standards to certify persons as private applicators and provide
information relating to changing technology to help ensure a
continuing level of competency and ability to use pesticides
properly and safely. The training may be done through
cooperation with other government agencies and must be a minimum
of three hours in duration.
(b) A person must apply to the commissioner for
certification as a private applicator. After completing the
certification requirements, which must include an examination as
determined by the commissioner, an applicant must be certified
as a private applicator to use restricted use pesticides. The
certification is for a period of five three years from the
applicant's nearest birthday.
(c) The commissioner shall issue a private applicator card
to a private applicator.
Sec. 47. Minnesota Statutes 1988, section 18B.37,
subdivision 1, is amended to read:
Subdivision 1. [PESTICIDE DEALER.] (a) A pesticide dealer
must maintain records of all sales of restricted use pesticides
as required by the commissioner. Records must be kept at the
time of sale on forms supplied by the commissioner or on the
pesticide dealer's forms if they are approved by the
commissioner.
(b) Records must be submitted annually with the renewal
application for a pesticide dealer license or upon request of
the commissioner.
(c) Copies of records required under this subdivision must
be maintained by the pesticide dealer for a period of five years
after the date of the pesticide sale.
Sec. 48. Minnesota Statutes 1988, section 18B.37,
subdivision 2, is amended to read:
Subd. 2. [COMMERCIAL AND NONCOMMERCIAL APPLICATORS.] (a) A
commercial or noncommercial applicator, or the applicator's
authorized agent, must maintain a record of pesticides used on
each site. The record must include the:
(1) date of the pesticide use;
(2) time the pesticide application was completed;
(3) brand name of the pesticide, the United States
Environmental Protection Agency registration number, and dosage
used;
(4) number of units treated;
(5) temperature, wind speed, and wind direction;
(6) location of the site where the pesticide was applied;
(7) name and address of the customer;
(8) name and signature of applicator, name of company,
license number of applicator, and address, and signature of
applicator company; and
(9) any other information required by the commissioner.
(b) Portions of records not relevant to a specific type of
application may be omitted upon approval from the commissioner.
(c) All information for this record requirement must be
contained in a single page document for each pesticide
application, except a map may be attached to identify treated
areas. For the rights-of-way and wood preservative categories,
the required record may not exceed five pages. Invoices An
invoice containing the required information may constitute the
required record. The commissioner shall make sample forms
available to meet the requirements of this paragraph.
(d) A commercial applicator must give a copy of the record
to the customer when the application is completed.
(e) Records must be retained by the applicator, company, or
authorized agent for five years after the date of treatment.
Sec. 49. Minnesota Statutes 1988, section 18B.37,
subdivision 3, is amended to read:
Subd. 3. [STRUCTURAL PEST CONTROL APPLICATORS.] (a) A
structural pest control applicator must maintain a record of
each structural pest control application conducted by that
person or by the person's employees. The record must include
the:
(1) date of structural pest control application;
(2) target pest;
(3) brand name of the pesticide, United States
Environmental Protection Agency registration number, and amount
used;
(4) for fumigation, the temperature and exposure time;
(5) time the pesticide application was completed;
(5) (6) name and address of the customer;
(6) (7) name and signature of structural pest control
applicator's company applicator; name of company and address of
applicator or company, applicator's signature, and license
number of applicator; and
(7) (8) any other information required by the commissioner.
(b) Invoices All information for this record requirement
must be contained in a single-page document for each pesticide
application. An invoice containing the required information may
constitute the record.
(c) Records must be retained for five years after the date
of treatment.
(d) A copy of the record must be given to a person who
ordered the application that is present at the site where the
structural pest control application is conducted, placed in a
conspicuous location at the site where the structural pest
control application is conducted immediately after the
application of the pesticides, or delivered to the person who
ordered an application or the owner of the site. The
commissioner must make sample forms available that meet the
requirements of this subdivision.
Sec. 50. Minnesota Statutes 1988, section 18B.37,
subdivision 4, is amended to read:
Subd. 4. [STORAGE, HANDLING, AND DISPOSAL PLAN.] A
commercial, noncommercial, or structural pest control applicator
or the licensed business that the applicator is employed by must
develop and maintain a plan that describes its pesticide
storage, handling, and disposal practices. The plan must be
kept at a principal business site or location within this state
and must be submitted to the commissioner upon request on forms
provided by the commissioner. The plan must be available for
inspection by the commissioner.
Sec. 51. Minnesota Statutes 1988, section 43A.08,
subdivision 1, is amended to read:
Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified
positions are held by employees who are:
(a) chosen by election or appointed to fill an elective
office;
(b) heads of agencies required by law to be appointed by
the governor or other elective officers, and the executive or
administrative heads of departments, bureaus, divisions, and
institutions specifically established by law in the unclassified
service;
(c) deputy and assistant agency heads and one confidential
secretary in the agencies listed in subdivision 1a;
(d) the confidential secretary to each of the elective
officers of this state and, for the secretary of state, state
auditor, and state treasurer, an additional deputy, clerk, or
employee;
(e) intermittent help employed by the commissioner of
public safety to assist in the issuance of vehicle licenses;
(f) employees in the offices of the governor and of the
lieutenant governor and one confidential employee for the
governor in the office of the adjutant general;
(g) employees of the Washington, D.C., office of the state
of Minnesota;
(h) employees of the legislature and of legislative
committees or commissions; provided that employees of the
legislative audit commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential
secretaries, shall be employees in the classified service;
(i) presidents, vice-presidents, deans, other managers and
professionals in academic and academic support programs,
administrative or service faculty, teachers, research
assistants, and student employees eligible under terms of the
federal economic opportunity act work study program in the
school and resource center for the arts, state universities and
community colleges, but not the custodial, clerical, or
maintenance employees, or any professional or managerial
employee performing duties in connection with the business
administration of these institutions;
(j) officers and enlisted persons in the national guard;
(k) attorneys, legal assistants, examiners, and three
confidential employees appointed by the attorney general or
employed with the attorney general's authorization;
(l) judges and all employees of the judicial branch,
referees, receivers, jurors, and notaries public, except
referees and adjusters employed by the department of labor and
industry;
(m) members of the state patrol; provided that selection
and appointment of state patrol troopers shall be made in
accordance with applicable laws governing the classified
service;
(n) chaplains employed by the state;
(o) examination monitors and intermittent training
instructors employed by the departments of employee relations
and commerce and by professional examining boards;
(p) student workers; and
(q) employees unclassified pursuant to other statutory
authority; and
(r) intermittent help employed by the commissioner of
agriculture to perform duties relating to pesticides,
fertilizer, and seed regulation.
Sec. 52. [PESTICIDE CONTAINER COLLECTION AND RECYCLING
PILOT PROJECT.]
Subdivision 1. [PROJECT.] The department of agriculture,
in consultation and cooperation with the commissioner of the
pollution control agency and the Minnesota extension service,
shall design and implement a pilot collection project, to be
completed by June 30, 1991, to:
(1) collect, recycle, and dispose of empty, triple-rinsed
pesticide containers;
(2) develop, demonstrate, and promote proper pesticide
container management; and
(3) evaluate the current pesticide container management
methods and the cause and extent of the problems associated with
pesticide containers.
Subd. 2. [COLLECTION AND DISPOSAL.] The department of
agriculture shall provide for the establishment and operation of
temporary collection sites for pesticide containers. The
department may limit the type and quantity of pesticide
containers acceptable for collection.
Subd. 3. [INFORMATION AND EDUCATION.] The department
shall, in consultation with the Minnesota extension service,
develop informational and educational materials to promote
proper methods of pesticide container management.
Subd. 4. [REPORT.] During the pilot project, the
department of agriculture shall conduct surveys and collect
information on proper and improper pesticide container storage
and disposal. By November 30, 1991, the department shall report
to the legislature its conclusions from the project and
recommendations for additional legislation or rules governing
the management of pesticide containers.
Subd. 5. [MANAGEMENT AND DISPOSAL.] The department of
agriculture or other entity collecting pesticide containers must
manage and dispose of the containers in compliance with
applicable federal and state requirements.
Sec. 53. [REPEALER.]
Minnesota Statutes 1988, sections 18A.49; 18B.15; 18B.16;
18B.18; 18B.19; 18B.20; 18B.21; 18B.22; 18B.23; and 18B.25, are
repealed.
Sec. 54. [EFFECTIVE DATE.]
Section 29, subdivisions 1 and 2, relating to the sale and
distribution of pesticides in returnable containers is effective
July 1, 1994.
ARTICLE 6
CHAPTER 18C
FERTILIZERS, SOIL AMENDMENTS, AND PLANT AMENDMENTS
Section 1. [18C.001] [CITATION.]
This chapter may be cited as the "fertilizer, soil
amendment, and plant amendment law." [17.711]
Sec. 2. [18C.005] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to this chapter. [17.713 s. 1]
Subd. 2. [BEST MANAGEMENT PRACTICES.] "Best management
practices" means practices, techniques, and measures developed
under article 1, section 6, subdivision 2.
Subd. 3. [BRAND.] "Brand" means a term, design, or
trademark used in connection with one or several grades of
fertilizers or soil and plant amendment materials. [17.713 s.
2]
Subd. 4. [CHEMIGATION.] "Chemigation" means a process of
applying fertilizers to land or crops including agricultural,
nursery, turf, golf course, or greenhouse sites in or with
irrigation water during the irrigation process.
Subd. 5. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture. [17.713 s. 4a]
Subd. 6. [COMPOST.] "Compost" is a material derived
primarily or entirely from biological decomposition of
vegetative organic matter or animal manure that does not have
inorganic fertilizer added other than to promote decomposition.
Subd. 7. [CUSTOM APPLY.] "Custom apply" means to apply a
fertilizer, soil amendment, or plant amendment product for
compensation.
Subd. 8. [DEFICIENCY.] "Deficiency" means that amount of
nutrient found by analysis is less than the amount guaranteed
resulting from a lack of nutrient ingredients or from lack of
uniformity.
Subd. 9. [DISTRIBUTOR.] "Distributor" means a person who
imports, consigns, manufactures, produces, compounds, mixes, or
blends fertilizer, or who offers for sale, sells, barters, or
otherwise supplies fertilizer or soil and plant amendments in
this state. [17.713 s. 5]
Subd. 10. [ENVIRONMENT.] "Environment" means surface
water, groundwater, air, land, plants, humans, and animals and
their interrelationships.
Subd. 11. [FERTILIZER.] "Fertilizer" means a substance
containing one or more recognized plant nutrients that is used
for its plant nutrient content and designed for use or claimed
to have value in promoting plant growth. Fertilizer does not
include animal and vegetable manures that are not manipulated,
marl, lime, limestone, and other products exempted by rule by
the commissioner.
Subd. 12. [FIXED LOCATION.] "Fixed location" means all
stationary fertilizer facility operations, owned or operated by
a person, located in the same plant location or locality.
[17.713 s. 6a]
Subd. 13. [GRADE.] "Grade" means the percentage of total
nitrogen (N), available phosphorus (P) or phosphoric acid
(P2O5), and soluble potassium (K) or soluble potash (K2O) stated
in whole numbers in the same terms, order, and percentages as in
the guaranteed analysis except the grade of bone meals, manures,
and similar raw materials may be stated in fractional units, and
specialty fertilizers may be stated in fractional units of less
than one percent of total nitrogen, available phosphorus or
phosphoric acid, and soluble potassium or soluble potash.
[17.713 s. 7]
Subd. 14. [GUARANTOR.] "Guarantor" means the person who is
guaranteeing the material to be as stated in the guaranteed
analysis. [17.713 s. 9]
Subd. 15. [INCIDENT.] "Incident" means a flood, fire,
tornado, transportation accident, storage container rupture,
portable container rupture, leak, spill, emission, discharge,
escape, disposal, or other event that releases or immediately
threatens to release a fertilizer, soil amendment, or plant
amendment accidentally or otherwise into the environment, and
may cause unreasonable adverse effects on the environment.
Incident does not include a release resulting from the normal
use of a product or practice in accordance with law.
Subd. 16. [INVESTIGATIONAL ALLOWANCE.] "Investigational
allowance" means an allowance for variations inherent in the
taking, preparation, and analysis of an official sample of
fertilizer.
Subd. 17. [LABEL.] "Label" means the display of all
written, printed or graphic matter upon the immediate container
or the statement accompanying a fertilizer, soil amendment, or
plant amendment. [17.713 s. 9a]
Subd. 18. [LABELING.] "Labeling" means all written,
printed or graphic matter on or accompanying a fertilizer, soil
amendment, or plant amendment or advertisements, brochures,
posters, television, radio or other announcements used in
promoting the sale of fertilizers, soil amendments, or plant
amendments. [17.713 s. 9b]
Subd. 19. [MANIPULATED.] "Manipulated" means fertilizers
that are manufactured, blended, or mixed, or animal or vegetable
manures that have been treated in any manner, including
mechanical drying, grinding, pelleting, and other means, or by
adding other chemicals or substances.
Subd. 20. [MOBILE MECHANICAL UNIT.] "Mobile mechanical
unit" means a portable machine or apparatus used to blend, mix,
or manufacture fertilizers. [17.713 s. 11]
Subd. 21. [OFFICIAL SAMPLE.] "Official sample" means a
sample of fertilizer, soil amendment, or plant amendment taken
by the commissioner according to methods prescribed by this
chapter or by rule. [17.713 s. 12]
Subd. 22. [ORGANIC.] "Organic" in reference to fertilizer
nutrients refers only to naturally occurring substances
generally recognized as the hydrogen compounds of carbon and
their derivatives or synthetic products of similar composition
with a water insoluble nitrogen content of at least 60 percent
of the guaranteed total nitrogen. [17.713 s. 13]
Subd. 23. [PERCENT; PERCENTAGE.] "Percent" or
"percentage" means the percentage by weight. [17.713 s. 14]
Subd. 24. [PERSON.] "Person" means an individual, firm,
corporation, partnership, association, trust, joint stock
company, or unincorporated organization, the state, a state
agency, or a political subdivision. [17.713 s. 15]
Subd. 25. [PLANT AMENDMENT.] "Plant amendment" means a
substance applied to plants or seeds that is intended to improve
germination, growth, yield, product quality, reproduction,
flavor, or other desirable characteristics of plants except
fertilizers, soil amendments, agricultural liming materials,
pesticides, and other materials that are exempted by rule.
[17.713 s. 15a]
Subd. 26. [PLANT FOOD.] "Plant food" means a plant
nutrient generally recognized as beneficial for plant growth,
including nitrogen, phosphorus, potassium, calcium, magnesium,
sulfur, boron, chlorine, cobalt, copper, iron, manganese,
molybdenum, sodium, and zinc. [17.713 s. 15b]
Subd. 27. [REGISTRANT.] "Registrant" means the person who
registers fertilizer, soil amendment, or plant amendment under
this chapter. [17.713 s. 16]
Subd. 28. [RINSATE.] "Rinsate" means a dilute mixture of a
fertilizer or fertilizer with water, solvents, oils, commercial
rinsing agents, or other substances.
Subd. 29. [SAFEGUARD.] "Safeguard" means a facility,
equipment, device, or system, individually or in combination,
designed to prevent an incident as required by rule.
Subd. 30. [SELL.] "Sell," in reference to the sale of
fertilizer, soil amendment, or plant amendment, includes:
(1) the act of selling, transferring ownership;
(2) the offering and exposing for sale, exchange,
distribution, giving away, and transportation in, and into, this
state;
(3) the possession with intent to sell, exchange,
distribute, give away or transport in, and into, this state;
(4) the storing, carrying, and handling in aid of
trafficking fertilizers, plant amendments, or soil amendments,
whether done in person or through an agent, employee or others;
and
(5) receiving, accepting, and holding of consignment for
sale. [17.713 s. 17]
Subd. 31. [SEWAGE SLUDGE.] "Sewage sludge" means the
solids and associated liquids in municipal wastewater that are
encountered and concentrated by a municipal wastewater treatment
plant. Sewage sludge does not include incinerator residues and
grit, scum, or screenings removed from other solids during
treatment. [17.713 s. 17a]
Subd. 32. [SITE.] "Site" includes land and water areas,
air space, and plants, animals, structures, buildings,
contrivances, and machinery, whether fixed or mobile, including
anything used for transportation.
Subd. 33. [SOIL AMENDMENT.] "Soil amendment" means a
substance intended to improve the physical characteristics of
the soil, except fertilizers, agricultural liming materials,
pesticides, and other materials exempted by the commissioner's
rules. [17.713 s. 19]
Subd. 34. [SPECIALTY FERTILIZER.] "Specialty fertilizer"
means a fertilizer labeled and distributed for, but not limited
to, the following uses: commercial gardening, greenhouses,
nurseries, sod farms, home gardens, house plants, lawn
fertilizer that is not custom applied, shrubs, golf courses,
municipal parks, cemeteries, and research or experimental uses.
[17.713 s. 20]
Subd. 35. [SUBSTANTIALLY ALTERING.] "Substantially
altering" means modifying a facility by adding additional
safeguards or storage containers, or changing existing storage
containers, safeguards, appurtenances, or piping. This does not
include routine maintenance of existing safeguards, storage
containers, appurtenances, and piping or of existing mixing,
blending, weighing, and handling equipment.
Subd. 36. [TON.] "Ton" means a net ton of 2,000 pounds
avoirdupois. [17.713 s. 21]
Subd. 37. [UNREASONABLE ADVERSE EFFECTS ON THE
ENVIRONMENT.] "Unreasonable adverse effects on the environment"
means an unreasonable risk to humans or the environment, taking
into account the economic, social, and environmental costs and
benefits of the use of a fertilizer.
Subd. 38. [WILDLIFE.] "Wildlife" means living things that
are not human, domesticated, or pests.
GENERAL PROVISIONS
Sec. 3. [18C.105] [ADMINISTRATION.]
The commissioner of agriculture shall administer this
chapter. [17.712]
Sec. 4. [18C.111] [POWERS AND DUTIES OF COMMISSIONER.]
Subdivision 1. [ADMINISTRATION BY COMMISSIONER.] The
commissioner shall administer, implement, and enforce this
chapter and the department of agriculture is the lead state
agency for the regulation of fertilizer, including storage,
handling, distribution, use, and disposal of fertilizer.
Subd. 2. [DELEGATION OF DUTIES.] The commissioner may
delegate duties under this chapter to designated employees or
agents of the department of agriculture.
Subd. 3. [DELEGATION TO APPROVED AGENCIES.] The
commissioner may, by written agreements, delegate specific
inspection, enforcement, and other regulatory duties of this
chapter to officials of other agencies. The delegation may only
be made to a state agency, a political subdivision, or a
political subdivision's agency that has signed a joint powers
agreement with the commissioner as provided in section 471.59.
Sec. 5. [18C.115] [ADOPTION OF NATIONAL STANDARDS.]
Subdivision 1. [POLICY OF UNIFORMITY.] It is the policy of
this state to achieve and maintain uniformity as much as
possible with national standards and with other states in the
regulation and control of the manufacture, distribution, and
sale of fertilizer in this state.
Subd. 2. [ADOPTION OF NATIONAL STANDARDS.] Applicable
national standards contained in the 1989 official publication,
number 42, of the association of American plant food control
officials including the rules and regulations, statements of
uniform interpretation and policy, and the official fertilizer
terms and definitions, and not otherwise adopted by the
commissioner, may be adopted as fertilizer rules of this state.
Sec. 6. [18C.121] [RULES.]
Subdivision 1. [ADMINISTRATION.] The commissioner may
adopt emergency or permanent rules necessary to implement and
enforce this chapter. The rules must conform to national
standards in a manner that is practicable and consistent with
state law. [17.725 s. 1]
Subd. 2. [LIMING MATERIALS.] The commissioner may adopt
rules governing the labeling, registration, and distribution of
liming materials sold for agricultural purposes. [17.725 s. 2]
Subd. 3. [CERTIFICATION OF LABORATORIES.] The commissioner
may adopt rules establishing procedures and requirements for
certification of soil and plant food testing laboratories
operating in or outside of the state for the benefit of state
residents. The rules shall include but not be limited to
standardization of procedures and recommendations relating to
application of plant food materials. Basic data and reference
material for establishment of rules will include but not be
limited to findings of the University of Minnesota soil testing
laboratory. [17.725 s. 3]
Subd. 4. [HEARINGS.] Hearings authorized or required by
law must be conducted by the commissioner or an officer, agent,
or employee the commissioner designates.
Sec. 7. [18C.131] [FERTILIZER INSPECTION ACCOUNT.]
A fertilizer inspection account is established in the state
treasury. The fees collected under this chapter must be
deposited in the state treasury and credited to the fertilizer
inspection account. Money in that account, including interest
earned and money appropriated for the purposes of this chapter,
is annually appropriated to the commissioner for the
administration of this chapter. [17.717 s. 1a]
Sec. 8. [18C.135] [APPLICATION OF REQUIREMENTS TO SEWAGE
SLUDGE AND COMPOST.]
Subdivision 1. [SEWAGE SLUDGE WITHOUT CHARGE
EXEMPT.] Sewage sludge that is transferred between parties
without compensation is exempt from the requirements of this
chapter except the labeling requirements of this chapter.
Subd. 2. [SEWAGE SLUDGE ANALYSIS MEETS LABELING
REQUIREMENTS.] A copy of the sewage sludge analysis required by
the rules of the pollution control agency is sufficient to meet
the labeling requirements.
Subd. 3. [COMPOST WITHOUT CHARGE EXEMPT.] Compost that is
transferred between parties without compensation is exempt from
all requirements of this chapter.
Sec. 9. [18C.141] [SOIL TESTING LABORATORY CERTIFICATION.]
Subdivision 1. [PROGRAM ESTABLISHMENT.] The commissioner
shall establish a program to certify the accuracy of analyses
from soil testing laboratories and promote standardization of
soil testing procedures and analytical results.
Subd. 2. [CHECK SAMPLE SYSTEM.] (a) The commissioner shall
institute a system of check samples that requires a laboratory
to be certified to analyze at least four multiple soil check
samples during the calendar year. The samples must be supplied
by the commissioner or by a person under contract with the
commissioner to prepare and distribute the samples.
(b) Within 30 days after the laboratory receives check
samples, the laboratory shall report to the commissioner the
results of the analyses for all requested elements or compounds
or for the elements or compounds the laboratory makes an
analytical determination of as a service to others.
(c) The commissioner shall compile analytical data
submitted by laboratories and provide laboratories submitting
samples with a copy of the data without laboratory names or code
numbers.
(d) The commissioner may conduct check samples on
laboratories that are not certified.
Subd. 3. [ANALYSES REPORTING STANDARDS.] (a) The results
obtained from soil or plant analysis must be reported in
accordance with standard reporting units established by the
commissioner by rule. The standard reporting units must conform
as far as practical to uniform standards that are adopted on a
regional or national basis.
(b) If a certified laboratory offers a recommendation, the
University of Minnesota recommendation or that of another land
grant college in a contiguous state must be offered in addition
to other recommendations, and the source of the recommendation
must be identified on the recommendation form. If relative
levels such as low, medium, or high are presented to classify
the analytical results, the corresponding relative levels based
on the analysis as designated by the University of Minnesota or
the land grant college in a contiguous state must also be
presented.
Subd. 4. [REVOCATION OF CERTIFICATION.] If the
commissioner determines that analysis being performed by a
laboratory is inaccurate as evidenced by check sample results,
the commissioner may deny, suspend, or revoke certification.
Subd. 5. [CERTIFICATION FEES.] (a) A laboratory applying
for certification shall pay an application fee of $100 and a
certification fee of $100 before the certification is issued.
(b) Certification is valid for one year and the renewal fee
is $100. The commissioner shall charge an additional
application fee of $100 if a certified laboratory allows
certification to lapse before applying for renewed certification.
(c) The commissioner shall notify a certified lab that its
certification lapses within 30 to 60 days of the date when the
certification lapses.
Subd. 6. [RULES.] The commissioner shall adopt rules for
the establishment of minimum standards for laboratories,
equipment, procedures, and personnel used in soil analysis and
rules necessary to administer and enforce this section. The
commissioner shall consult with representatives of the
fertilizer industry, representatives of the laboratories doing
business in this state, and with the University of Minnesota
college of agriculture before proposing rules. [17.73]
SALE, USE, AND STORAGE
Sec. 10. [18C.201] [PROHIBITED FERTILIZER ACTIVITIES.]
Subdivision 1. [STORAGE, HANDLING, DISTRIBUTION, OR
DISPOSAL.] A person may not store, handle, distribute, or
dispose of a fertilizer, rinsate, fertilizer container, or
fertilizer application equipment in a manner:
(1) that endangers humans, damages agricultural products,
food, livestock, fish, or wildlife;
(2) that will cause unreasonable adverse effects on the
environment; or
(3) that will cause contamination of public or other waters
of the state, as defined in section 105.37, subdivisions 7 and
14, from backsiphoning or backflowing of fertilizers through
water wells or from the direct flowage of fertilizers.
Subd. 2. [USE OF PUBLIC WATER SUPPLIES FOR FILLING
EQUIPMENT.] A person may not fill fertilizer application
equipment directly from a public water supply, as defined in
section 144.382, unless the outlet from the public water supply
is equipped with a backflow prevention device that complies with
Minnesota Rules, parts 4715.2000 to 4715.2280.
Subd. 3. [USE OF PUBLIC WATERS FOR FILLING EQUIPMENT.] A
person may not fill fertilizer application equipment directly
from public or other waters of the state, as defined in section
105.37, subdivisions 7 and 14, unless the equipment contains
proper and functioning anti-backsiphoning mechanisms.
Subd. 4. [CLEANING EQUIPMENT IN OR NEAR SURFACE WATER.] A
person may not:
(1) clean fertilizer application equipment in surface
waters of the state; or
(2) fill or clean fertilizer application equipment adjacent
to surface waters, ditches, or wells where, because of the slope
or other conditions, fertilizers or materials contaminated with
fertilizers could enter or contaminate the surface waters,
groundwater, or wells, as a result of overflow, leakage, or
other causes.
Subd. 5. [FERTILIZER, RINSATE, AND CONTAINER DISPOSAL.] A
person may only dispose of fertilizer, rinsate, and fertilizer
containers in accordance with this chapter. The manner of
disposal must not cause unreasonable adverse effects on the
environment.
Sec. 11. [18C.205] [CHEMIGATION.]
Subdivision 1. [AUTHORIZATION.] The commissioner may issue
chemigation permits for irrigation to be used to apply
fertilizers on crops and land, including agricultural, nursery,
turf, golf course, and greenhouse sites.
Subd. 2. [PERMIT REQUIRED.] A person may not apply
fertilizers through an irrigation system without a chemigation
permit from the commissioner. A chemigation permit is required
for one or more wells that are protected from contamination by
the same devices.
Subd. 3. [APPLICATION.] (a) A person must apply for a
chemigation permit on forms prescribed by the commissioner.
(b) A person initially applying for a chemigation permit
must pay a nonrefundable application fee of $50. A person who
holds a valid pesticide chemigation permit as required in
chapter 18B is exempt from the fee in this subdivision.
Subd. 4. [PERMIT REQUIREMENTS.] An irrigation system
operating under a chemigation permit must be fitted with
effective antisiphon devices or check valves that prevent the
backflow of fertilizers or fertilizer-water mixtures into water
supplies or other materials during times of irrigation system
failure or equipment shutdown. The devices or valves must be
installed between:
(1) the irrigation system pump or other source discharge
and the point of fertilizer injection; and
(2) the point of fertilizer injection and the fertilizer
supply.
Subd. 5. [RULES.] The commissioner shall adopt rules
prescribing conditions and restrictions for applying fertilizers
by irrigation.
Sec. 12. [18C.211] [GUARANTEED ANALYSIS.]
Subdivision 1. [N, P, and K NUTRIENT CONTENT STATED.] (a)
Until the commissioner prescribes the alternative form of
guaranteed analysis, it must be stated as provided in this
subdivision.
(b) A guaranteed analysis must state the percentage of
plant nutrient content, if claimed, in the following form:
"Total Nitrogen (N) ..... percent
Available Phosphoric Acid (P2O5) ..... percent
Soluble Potash (K20) ..... percent"
(c) For unacidulated mineral phosphatic materials and basic
slag, bone, tankage, and other organic phosphate materials, the
total phosphoric acid or degree of fineness may also be stated.
[17.713 s. 8]
Subd. 2. [GUARANTEES OF THE NUTRIENTS.] (a) A person may
guarantee plant nutrients other than nitrogen, phosphorus, and
potassium only if allowed or required by commissioner's rule.
(b) The guarantees for the plant nutrients must be
expressed in the elemental form.
(c) The sources of other elements, oxides, salt, and
chelates, may be required to be stated on the application for
registration and may be included as a parenthetical statement on
the label. Other beneficial substances or compounds,
determinable by laboratory methods, also may be guaranteed by
permission of the commissioner and with the advice of the
director of the agricultural experiment station.
(d) If plant nutrients or other substances or compounds are
guaranteed, the plant nutrients are subject to inspection and
analyses in accord with the methods and rules prescribed by the
commissioner.
(e) The commissioner may, by rule, require the potential
basicity or acidity expressed in terms of calcium carbonate
equivalent in multiples of 100 pounds per ton. [17.713 s. 8]
Subd. 3. [FORM FOR ANALYSES.] (a) The commissioner may
require a guaranteed analysis to be in a prescribed form if the
commissioner determines that the requirement for expressing the
guaranteed analysis of phosphorus and potassium in elemental
form would not impose an economic hardship on distributors and
users of fertilizer because of conflicting labeling requirements
among the states.
(b) The commissioner must give proper notice and hold a
public hearing before the determination is made.
(c) After making the determination under paragraph (a), the
commissioner may require by rule that guaranteed analyses be in
the following form:
"Total Nitrogen (N) ..... percent
Available Phosphorus (P) ..... percent
Soluble Potassium (K) ..... percent"
(d) In adopting the rule, the commissioner must provide
that:
(1) the effective date of the rule is at least one year
after the rule is adopted; and
(2) for a period of two years following the effective date
of the rule, the equivalent of phosphorus and potassium may also
be shown in the form of phosphoric acid and potash.
(e) After the effective date of the rule requiring that
phosphorus and potassium be shown in the elemental form, the
guaranteed analysis for nitrogen, phosphorus, and potassium
constitute the grade. [17.713 s. 8]
Subd. 4. [GUARANTEED ANALYSIS OF SOIL OR PLANT AMENDMENT.]
The guaranteed analysis of a soil amendment or plant amendment
must be an accurate statement of composition including the
percentages of each ingredient. If the product is a
microbiological product, the number of viable microorganisms per
milliliter for a liquid or the number of viable microorganisms
per gram for a dry product must also be listed. [17.713 s. 8]
Sec. 13. [18C.215] [FERTILIZER LABELING.]
Subdivision 1. [LABEL CONTENTS.] (a) A person may not sell
or distribute fertilizer in bags or other containers in this
state unless a label is placed on or affixed to the bag or
container stating in a clear, legible, and conspicuous form the
following information:
(1) the net weight;
(2) the brand and grade, except (i) the grade is not
required if primary nutrients are not claimed, and (ii) the
grade on the label is optional if the fertilizer is used only
for agricultural purposes and the guaranteed analysis statement
is shown in the complete form as in section 12;
(3) the guaranteed analysis;
(4) the name and address of the guarantor;
(5) directions for use; and
(6) a derivatives statement.
(b) The labeled information must appear:
(1) on the face or display side of the container in a
conspicuous form;
(2) on the upper one-third of the side of the container;
(3) on the upper end of the container; or
(4) printed on tags affixed conspicuously to the upper end
of the container. [17.716 s. 1]
Subd. 2. [BLENDED AND MIXED FERTILIZER.] (a) A distributor
who blends or mixes fertilizer to a customer's order without a
guaranteed analysis of the final mixture must furnish each
purchaser with an invoice or delivery ticket in written or
printed form showing the net weight and guaranteed analysis of
each of the materials used in the mixture.
(b) The invoice or delivery ticket must accompany the
delivery.
(c) Records of invoices or delivery tickets must be kept
for five years after the delivery or application. [17.716 s. 3]
Subd. 3. [BULK FERTILIZER.] If fertilizer is transported
or distributed in bulk, the information in subdivision 1,
paragraph (a), must accompany each delivery in written or
printed form and be supplied to each purchaser at time of
delivery. [17.716 s. 3]
Subd. 4. [PLANT FOOD CONTENT MUST BE UNIFORM.] The plant
food content of a given lot of fertilizer must remain uniform
and may not become segregated within the lot. [17.716 s. 4]
Subd. 5. [FERTILIZER IN BULK STORAGE.] Fertilizer in bulk
storage must be identified with a label attached to the storage
bin or container stating the appropriate grade or guaranteed
analysis. [17.716 s. 5]
Sec. 14. [18C.221] [FERTILIZER PLANT FOOD CONTENT.]
(a) Products that are deficient in plant food content are
subject to this subdivision.
(b) An analysis must show that a fertilizer is deficient:
(1) in one or more of its guaranteed primary plant
nutrients beyond the investigational allowances and
compensations as established by regulation; or
(2) if the overall index value of the fertilizer is shown
below the level established by rule.
(c) A deficiency in an official sample of mixed fertilizer
resulting from nonuniformity is not distinguishable from a
deficiency due to actual plant nutrient shortage and is properly
subject to official action.
(d) For the purpose of determining the commercial index
value to be applied, the commissioner shall determine at least
annually the values per unit of nitrogen, available phosphoric
acid, and soluble potash in fertilizers in this state.
(e) If a fertilizer in the possession of the consumer is
found by the commissioner to be short in weight, the registrant
or licensee of the fertilizer must submit a penalty payment of
two times the value of the actual shortage to the consumer
within 30 days after official notice from the commissioner.
Sec. 15. [18C.225] [MISBRANDED PRODUCTS.]
Subdivision 1. [SALE AND DISTRIBUTION PROHIBITED.] A
person may not sell or distribute a misbranded fertilizer, soil
amendment, or plant amendment. [17.722]
Subd. 2. [FACTORS CAUSING MISBRANDING.] A fertilizer, soil
amendment, or plant amendment is misbranded if:
(1) it carries a false or misleading statement on the
container, on the label attached to the container; or
(2) false or misleading statements concerning the
fertilizer, soil amendment, or plant amendment are disseminated
in any manner or by any means. [17.722]
Sec. 16. [18C.231] [ADULTERATION.]
Subdivision 1. [SALE AND DISTRIBUTION PROHIBITED.] A
person may not sell or distribute an adulterated fertilizer,
soil amendment, or plant amendment product. [17.723]
Subd. 2. [FACTORS CAUSING ADULTERATION.] A fertilizer,
soil amendment, or plant amendment is adulterated if:
(1) it contains a deleterious or harmful ingredient in an
amount to render it injurious to plant life if applied in
accordance with directions for use on the label;
(2) the composition falls below or differs from that which
the product is purported to possess by its labeling; or
(3) the product contains unwanted crop seed or weed seed.
[17.723]
Subd. 3. [CERTAIN ADULTERATED PRODUCTS MUST BE
DISPOSED.] Adulterated products that cannot be reconditioned
must be disposed of according to methods approved by the
commissioner. [17.723]
FACILITIES
Sec. 17. [18C.235] [CONTINGENCY PLAN FOR STORAGE OF BULK
PRODUCTS.]
Subdivision 1. [PLAN REQUIRED.] A person who stores
fertilizers, soil amendment, or plant amendment products in bulk
must develop and maintain a contingency plan that describes the
storage, handling, disposal, and incident handling practices.
Subd. 2. [PLAN AVAILABILITY.] (a) The plan must be kept at
a principal business site or location within this state and must
be submitted to the commissioner upon request.
(b) The plan must be available for inspection by the
commissioner.
Sec. 18. [18C.301] [MIXING PESTICIDE WITH FERTILIZER, SOIL
AMENDMENT, OR PLANT AMENDMENT.]
A distributor who blends, mixes, or otherwise adds
pesticides to fertilizers, soil amendments, or plant amendments
must:
(1) be licensed under section 23; and
(2) comply with the provisions of chapter 18B and the
federal Insecticide, Fungicide and Rodenticide Act, Public Law
Number 92-516, as amended. [17.72]
Sec. 19. [18C.305] [FERTILIZER FACILITIES.]
Subdivision 1. [CONSTRUCTION PERMIT.] A person must obtain
a permit from the commissioner on forms provided by the
commissioner before the person constructs or substantially
alters:
(1) safeguards; or
(2) an existing facility used for the manufacture,
blending, handling, or bulk storage of fertilizers, soil
amendments, or plant amendments. The commissioner may not grant
a permit for a site without safeguards that are adequate to
prevent the escape or movement of the fertilizers from the
site. [17.7155 s. 1]
Subd. 2. [PERMIT FEES.] (a) An application for a new
facility must be accompanied by a nonrefundable application fee
of $100 for each location where fertilizer is stored.
(b) An application to substantially alter a facility must
be accompanied by a nonrefundable $50 fee.
(c) In addition to the fees under paragraphs (a) and (b), a
fee of $250 must be paid by an applicant who begins construction
or substantial alteration before a permit is issued. [17.7155
s. 2]
(d) An application for a facility that includes both
fertilizers, as regulated under this chapter, and pesticides as
regulated under chapter 18B shall pay only one application fee
of $100.
REGISTRATION AND LICENSING
Sec. 20. [18C.401] [GENERAL LICENSING AND REGISTRATION
CONDITIONS.]
Subdivision 1. [SUBSTANTIATION OF CLAIMS.] The
commissioner may require a person applying for a license or
registration to manufacture or distribute a product for use in
this state to submit authentic experimental evidence or
university research data to substantiate the claims made for the
product. The commissioner may rely on experimental data,
evaluations, or advice furnished by experts at the University of
Minnesota as evidence to substantiate claims and may accept or
reject additional sources of evidence in evaluating a
fertilizer, soil amendment, or plant amendment. The
experimental evidence must relate to conditions in this state
for which the product is intended. The commissioner may also
require evidence of value when used as directed or recommended.
Subd. 2. [INSUFFICIENT EVIDENCE.] If the commissioner
determines that the evidence submitted does not substantiate the
product's usefulness in this state, the commissioner may require
the applicant to submit samples, conduct tests, or submit
additional information, including conditions affecting
performance, to evaluate the product's performance and
usefulness.
Subd. 3. [REFUSAL TO LICENSE OR REGISTER.] The
commissioner may refuse to license a person or register a
specialty fertilizer, soil amendment, or plant amendment if:
(1) the application for license or registration is not
complete;
(2) the commissioner determines that the fertilizer, soil
amendment, plant amendment, or other additive with substantially
the same contents will not or is not likely to produce the
results or effects claimed if used as directed;
(3) the commissioner determines that the fertilizer, soil
amendment, plant amendment, or other additive with substantially
the same contents is not useful in this state; or
(4) the facility does not properly safeguard for bulk
storage.
Subd. 4. [CONDITIONAL LICENSE AND REGISTRATION.] (a) After
reviewing an application accompanied by the application fee, the
commissioner may issue a conditional license or registration:
(1) to prevent unreasonable adverse effects on the
environment; or
(2) if the commissioner determines that the applicant needs
the license or registration to accumulate information necessary
to substantiate claims; or
(3) to correct minor label violations.
(b) The commissioner may prescribe terms, conditions, and a
limited period of time for the conditional license or
registration.
(c) The commissioner may revoke or modify a conditional
license or registration if the commissioner finds that the terms
or conditions are being violated or are inadequate to avoid
unreasonable adverse effects on the environment.
(d) The commissioner may deny issuance of a conditional
license or registration if the commissioner determines that
issuance of a license or registration is not warranted or that
the use to be made of the product under the proposed terms and
conditions may cause unreasonable adverse effects on the
environment.
Sec. 21. [18C.405] [PROTECTION OF TRADE SECRETS.]
Subdivision 1. [NOTATION OF PROTECTED INFORMATION.] In
submitting data required by this chapter, the applicant may:
(1) clearly mark any portions that in the applicant's
opinion are trade secrets, or commercial or financial
information; and
(2) submit the marked material separately from other
material.
Subd. 2. [PROTECTION OF INFORMATION BY COMMISSIONER.] (a)
After consideration of the applicant's request submitted under
subdivision 1, the commissioner may not allow the information to
become public that the commissioner determines to contain or
relate to trade secrets or to commercial or financial
information obtained from an applicant. If necessary,
information relating to formulas of products may be revealed to
a state or federal agency consulted with similar protection of
trade secret authority and may be revealed at a public hearing
or in findings of facts issued by the commissioner.
(b) If the commissioner proposes to release information
that the applicant or registrant believes to be protected from
disclosure under paragraph (a), the commissioner must notify the
applicant or registrant by certified mail. The commissioner may
not make the information available for inspection until 30 days
after receipt of the notice by the applicant or registrant.
During this period, the applicant or registrant may begin an
action in an appropriate court for a declaratory judgment as to
whether the information is subject to protection under this
section.
Sec. 22. [18C.411] [REGISTRATION OF SPECIALTY FERTILIZERS,
SOIL AMENDMENTS, AND PLANT AMENDMENTS.]
Subdivision 1. [REGISTRATION REQUIRED.] (a) A person may
not sell brands or grades of specialty fertilizers, soil
amendments, or plant amendments in this state unless they are
registered with the commissioner. [17.714 s. 1]
(b) Registration of the materials is not a warranty by the
commissioner or the state. [17.714 s. 6]
(c) Specialty fertilizers custom applied are exempt from
the registration requirements of this section.
Subd. 2. [APPLICATION.] The application for registration
must include:
(1) for specialty fertilizers:
(i) the name and address of the guarantor and registrant;
(ii) the brand and grade;
(iii) the guaranteed analysis as required by section 12;
(iv) the sources from which nitrogen, phosphorus, potassium
or other elements or materials are derived; and
(v) the amount and formulas of inert ingredients; and
(2) for soil amendments and plant amendments:
(i) the name and address of the guarantor and registrant;
(ii) the brand name;
(iii) the sources from which the ingredients used in the
product are derived; and
(iv) the guaranteed analysis as required by section 12.
[17.714 s. 2]
Subd. 3. [COPY OF LABEL, AND LABELING MATERIAL.]
Application for registration of a specialty fertilizer, a soil
amendment, or a plant amendment must include:
(1) a label or label facsimile of each product for which
registration is requested; and
(2) a copy of all labeling material used in this state for
promotion and sale of each product being registered. [17.714 s.
3]
Subd. 4. [YEARLY REGISTRATION.] A registration is
effective until January 1 following the date of issuance or
approval. A product registration is not transferable from one
person to another or from the ownership to whom the registration
is issued to another ownership. [17.714 s. 5]
Sec. 23. [18C.415] [FERTILIZER LICENSES.]
Subdivision 1. [LICENSE REQUIRED.] (a) A person may not
sell or distribute bulk fertilizers for use on agricultural
lands, custom apply fertilizers, or manufacture, blend, or
otherwise manipulate fertilizers without obtaining a license
from the commissioner from each fixed location where the person
does business within the state and one license for all fixed
locations that are located outside of the state. [17.715 s. 1,
2]
(b) A distributor may not manipulate fertilizer by means of
a mobile mechanical unit without a license from the commissioner
for each mobile mechanical unit. [17.715 s. 3]
Subd. 2. [COPY OF LABEL AND LABELING
MATERIAL.] Application for license must include:
(1) a designation of the formula such as is provided on an
invoice, delivery ticket, label, or label facsimile, for each
product manufactured or formulated; and
(2) a copy of all labeling material used in this state for
promotion of each product manufactured or formulated.
Subd. 3. [EFFECTIVE PERIOD.] Other licenses are for the
period from January 1 to the following December 31 and must be
renewed annually by the licensee before January 1. A license is
not transferable from one person to another, from the ownership
to whom issued to another ownership, or from one location to
another location. [17.715 s. 4]
Subd. 4. [POSTING OF LICENSE.] The license must be posted
in a conspicuous place in each fixed location in this state and
accompany each mobile mechanical unit operated in this state.
[17.715 s. 5]
Sec. 24. [18C.421] [DISTRIBUTOR'S TONNAGE REPORT.]
Subdivision 1. [SEMIANNUAL STATEMENT.] (a) Each licensed
distributor of fertilizer and each registrant of a specialty
fertilizer, soil amendment, or plant amendment must file a
semiannual statement for the periods ending December 31 and June
30 with the commissioner on forms furnished by the commissioner
stating the number of net tons of each brand or grade of
fertilizer, soil amendment, or plant amendment distributed in
this state during the reporting period.
(b) A report from a licensee who sells to an ultimate
consumer must be accompanied by records or invoice copies
indicating the name of the distributor who paid the inspection
fee, the net tons received, and the grade or brand name of the
products received.
(c) The report is due on or before the last day of the
month following the close of each reporting period of each
calendar year.
(d) The inspection fee at the rate stated in section 25,
subdivision 6, must accompany the statement. [17.718 s. 1]
Subd. 2. [ADDITIONAL REPORTS.] The commissioner may by
rule require additional reports for the purpose of gathering
statistical data relating to fertilizer, soil amendments, and
plant amendments distribution in the state. [17.718 s. 1]
Subd. 3. [LATE REPORT AND FEE PENALTY.] (a) If a
distributor does not file the semiannual statement or pay the
inspection fees by 31 days after the end of the reporting
period, the commissioner shall assess a penalty of the greater
of $25 or ten percent of the amount due against the licensee or
registrant.
(b) The fees due, plus the penalty, may be recovered in a
civil action against the licensee or registrant.
(c) The assessment of the penalty does not prevent the
commissioner from taking other actions as provided in this
chapter. [17.718 s. 1]
Subd. 4. [RESPONSIBILITY FOR INSPECTION FEES.] If more
than one person is involved in the distribution of a fertilizer,
soil amendment, or plant amendment, the distributor who imports,
manufactures, or produces the fertilizer or who has the
specialty fertilizer, soil amendment, or plant amendment
registered is responsible for the inspection fee on products
produced or brought into this state. The distributor must
separately list the inspection fee on the invoice to the
licensee. The last licensee must retain the invoices showing
proof of inspection fees paid for three years and must pay the
inspection fee on products brought into this state before July
1, 1989, unless the reporting and paying of fees have been made
by a prior distributor of the fertilizer. [117.718 s. 2]
Subd. 5. [VERIFICATION OF STATEMENTS.] The commissioner
may verify the records on which the statement of tonnage is
based. [17.718 s. 3]
Sec. 25. [18C.425] [REGISTRATION, LICENSE, AND INSPECTION
FEES.]
Subdivision 1. [APPLICATION FEES.] (a) An application for
other licenses for each fixed location to be covered by the
license within the state must be accompanied by a $100 fee.
(b) An application for a license for all fixed locations of
a firm outside of the state must be accompanied by a fee of $100.
(c) An application for a license to cover mobile mechanical
units must be accompanied by a fee of $100 for the first unit
operated by one distributor and $50 for each additional mobile
mechanical unit. [17.717 s. 1]
Subd. 2. [SPECIALTY FERTILIZER REGISTRATION.] An
application for registration of a specialty fertilizer must be
accompanied by a registration fee of $100 for each brand and
grade to be sold or distributed as provided in section 22.
[17.717 s. 3]
Subd. 3. [SOIL AMENDMENT AND PLANT AMENDMENT
REGISTRATION.] An application for registration of a soil
amendment or plant amendment must be accompanied by a
registration fee of $200 for each brand sold or distributed as
provided in section 22. [17.717 s. 4]
Subd. 4. [FEE FOR LATE APPLICATION.] If an application for
renewal of a fertilizer license or registration of a specialty
fertilizer, soil amendment, or plant amendment is not filed
before January 1 or July 1 of a year, as required, an additional
application fee of one-half of the amount due must be paid
before the renewal license or registration may be issued.
[17.717 s. 4a]
Subd. 5. [FEE FOR PRODUCT USE WITHOUT INITIAL REGISTRATION
OR LICENSE.] An additional application fee equal to the amount
due must be paid by an applicant for each license or
registration required for products distributed or used in this
state before an initial license or registration for the products
distributed or used is issued by the commissioner.
Subd. 6. [INSPECTION FEES.] A person who sells or
distributes fertilizers, soil amendments, or plant amendments in
this state must pay an inspection fee amounting to the greater
of 15 cents per ton of fertilizer, soil amendment, and plant
amendment sold or distributed in this state or $10. Products
sold or distributed to manufacturers or exchanged between them
are exempt from the inspection fee imposed by this subdivision
if the products are used exclusively for manufacturing
purposes. [17.717 s. 5]
INDUSTRIAL BY-PRODUCT SOIL BUFFERING MATERIALS
Sec. 26. [18C.501] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 26 to 31. [17.7241 s. 1]
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture. [17.7241 s. 2]
Subd. 3. [INDUSTRIAL BY-PRODUCT SOIL BUFFERING MATERIAL.]
"Industrial by-product soil buffering material" means an
industrial waste or by-product or the by-product of municipal
water treatment processes containing calcium or magnesium or
both in a form that may neutralize soil acidity. [17.7241 s. 3]
Subd. 4. [LIMESTONE.] "Limestone" means a material
consisting essentially of calcium carbonate or a combination of
calcium carbonate with magnesium carbonate capable of
neutralizing soil acidity. [17.7241 s. 4]
Subd. 5. [SOIL BUFFERING MATERIALS.] "Soil buffering
materials" means materials whose calcium or magnesium or both
are capable of neutralizing soil acidity. [17.7241 s. 5]
Subd. 6. [STOCKPILE.] "Stockpile" means a supply of
agricultural soil buffering material stored for future use.
[17.7241 s. 6]
Subd. 7. [TNP.] "TNP" means total neutralizing power and
is the number of pounds of neutralizing value in one ton of a
soil buffering material. [17.7241 s. 7]
Sec. 27. [18C.505] [SOIL BUFFERING DEMONSTRATION PROJECT
AND STUDY.]
Subdivision 1. [PURPOSE.] The purpose of the demonstration
project required under sections 26 to 31 is to identify
appropriate and mutually beneficial methods for the use of
industrial by-product soil buffering materials. Proper use will
minimize current waste disposal problems, provide a market for
an underutilized resource, and make available to farmers an
effective, low-cost soil buffering product. [17.7242 s. 1]
Subd. 2. [AUTHORITY.] The commissioner shall coordinate
the design and implementation of a demonstration project to
examine the technical feasibility, economic benefits, and
environmental impacts of using industrial by-product soil
buffering materials as a substitute for limestone and other
traditional soil buffering materials. [17.7242 s. 2]
Subd. 3. [PROCEDURES DEVELOPED.] The demonstration project
must identify and recommend as proposed standards appropriate
procedures for the sampling, analysis, TNP labeling, storage,
stockpiling, transportation, and application of industrial
by-product soil buffering materials. After TNP labeling
standards have been established, they must be provided to the
landowner or tenant prior to land application or stockpiling.
[17.7242 s. 3]
Subd. 4. [SCOPE.] The demonstration project must be on a
scale deemed by the commissioner to be efficient and manageable
while providing the greatest practicable use of industrial
by-product soil buffering materials for agricultural purposes.
[17.7242 s. 4]
Sec. 28. [18C.511] [RESPONSIBILITIES OF THE COMMISSIONER.]
Subdivision 1. [BROAD PARTICIPATION.] The commissioner
shall seek participation in the demonstration project by other
persons, institutions, and organizations having an interest in
soil buffering materials and industrial by-product soil
buffering materials including the pollution control agency, one
or more counties, one or more soil and water conservation
districts, and the University of Minnesota. [17.7243 s. 1]
Subd. 2. [PUBLIC EDUCATION.] The commissioner shall seek
to maximize the public education benefit of the demonstration
program. [17.7243 s. 2]
Sec. 29. [18C.515] [ENVIRONMENTAL CONTROLS.]
Subdivision 1. [SAMPLING AND ANALYSIS.] The commissioner
and the commissioner's agents may sample, inspect, make analysis
of, and test industrial by-product soil buffering materials used
in the demonstration project and study at a time and place and
to an extent the commissioner considers necessary to determine
whether the industrial by-product soil buffering materials are
suitable for the project. The commissioner and the
commissioner's agents may enter public or private premises where
demonstration projects are being conducted in order to have
access to:
(1) soil buffering materials used in the demonstration
project;
(2) sampling of sites actually or reportedly exposed to
industrial by-product soil buffering materials;
(3) inspection of storage, handling, transportation, use,
or disposal areas of industrial by-product soil buffering
materials;
(4) inspection or investigation of complaints of injury to
humans, wildlife, domesticated animals, crops, or the
environment;
(5) observation of the use and application of the soil
buffering material;
(6) inspection of records related to the production,
transportation, stockpiling, use, or disposal of industrial
by-product soil buffering material; and
(7) other purposes necessary to implement sections 26 to
31. [17.7244 s. 1]
Subd. 2. [RECEIPT AND REPORT ON SAMPLES.] Before leaving
inspected premises, the commissioner shall provide the owner,
operator, or agent in charge with a receipt describing any
samples obtained. If an analysis is made of the samples, a copy
of the results of the analysis must be furnished to the owner,
operator, or agent in charge. [17.7244 s. 2]
Subd. 3. [EMERGENCY INSPECTION.] The commissioner and the
commissioner's agents may enter public or private property
without a notice of inspection if a suspected incident involving
industrial by-product soil buffering materials may threaten
public health or the environment. [17.7244 s. 3]
Sec. 30. [18C.521] [REPORT.]
The commissioner shall report to the committees on
agriculture of the house of representatives and senate on March
1 of each year, about the activities, findings, and
recommendations related to the demonstration project. [17.7245]
Sec. 31. [18C.525] [EXEMPTION.]
Sections 26 to 31 do not apply to industrial by-product
soil buffering material produced at a facility if the University
of Minnesota, North Central Experimental Station, has conducted
a study of the material at that facility. [17.7246]
Sec. 32. [CROP CONSULTANT CERTIFICATION.]
The commissioner shall, in consultation with the Minnesota
extension service and the consultant community, develop
recommendations for a mandatory state crop consultant
certification program and report its recommendations to the
governor and legislature by November 15, 1990. The program
shall include consideration of educational requirements, current
professional certification programs, and certification
subcategories based on the need for consultant specialization.
Sec. 33. [FERTILIZER PRACTICES.]
Subdivision 1. [COMMISSIONER'S DUTIES.] The commissioner
shall:
(1) establish best management practices and water resources
protection requirements involving fertilizer use, distribution,
storage, handling, and disposal;
(2) cooperate with other state agencies and local
governments to protect public health and the environment from
harmful exposure to fertilizer; and
(3) appoint a task force to study the effects and impact on
water resources from nitrogen fertilizer use so that best
management practices, a fertilizer management plan, and nitrogen
fertilizer use regulations can be developed.
Subd. 2. [TASK FORCE.] (a) The task force must include
farmers, representatives from farm organizations, the fertilizer
industry, University of Minnesota, environmental groups,
representatives of local government involved with comprehensive
local water planning, and other state agencies, including the
pollution control agency, the department of health, the
department of natural resources, the state planning agency, and
the board of water and soil resources.
(b) The task force shall review existing research including
pertinent research from the University of Minnesota and shall
develop recommendations for a nitrogen fertilizer management
plan for the prevention, evaluation, and mitigation of nonpoint
source occurrences of nitrogen fertilizer in waters of the
state. The nitrogen fertilizer management plan must include
components promoting prevention and developing appropriate
responses to the detection of inorganic nitrogen from fertilizer
sources in ground or surface water.
(c) The task force shall report its recommendations to the
commissioner by May 1, 1990. The commissioner shall report to
the environmental quality board by July 1, 1990, on the task
force's recommendations. The recommendations of the task force
shall be incorporated into an overall nitrogen plan prepared by
the pollution control agency and the department of agriculture.
Sec. 34. [REPEALER.]
Minnesota Statutes 1988, sections 17.711; 17.712; 17.713;
17.714; 17.715; 17.7155; 17.716; 17.717; 17.718; 17.719; 17.72;
17.721; 17.722; 17.723; 17.7241; 17.7242; 17.7243; 17.7244;
17.7245; 17.7246; 17.725; 17.726; 17.727; 17.728; 17.7285;
17.729; and 17.73, are repealed.
Sections 26 to 31 are repealed June 30, 1991.
ARTICLE 7
CHAPTER 18D
AGRICULTURAL CHEMICAL LIABILITY, INCIDENTS, AND ENFORCEMENT
Section 1. [18D.01] [DEFINITIONS.]
Subdivision 1. [DEFINITIONS IN CHAPTERS 18B AND 18C
APPLY.] The definitions in chapters 18B and 18C apply to this
chapter.
Subd. 2. [APPLICABILITY OF DEFINITIONS IN THIS
SECTION.] The definitions in this section apply to this chapter.
Subd. 3. [AGRICULTURAL CHEMICAL.] "Agricultural chemical"
means a pesticide as defined under chapter 18B or a fertilizer,
plant amendment, or soil amendment as defined under chapter 18C.
Subd. 4. [CORRECTIVE ACTION.] "Corrective action" means an
action taken to minimize, eliminate, or clean up an incident.
Subd. 5. [HAZARDOUS WASTE.] "Hazardous waste" means a
substance identified or listed as hazardous waste in the rules
adopted under section 116.07, subdivision 4.
Subd. 6. [INCIDENT.] "Incident" means a flood, fire,
tornado, transportation accident, storage container rupture,
portable container rupture, leak, spill, emission, discharge,
escape, disposal, or other event that releases or immediately
threatens to release an agricultural chemical accidentally or
otherwise into the environment, and may cause unreasonable
adverse effects on the environment. Incident does not include a
release resulting from the normal use of a product or practice
in accordance with law.
Subd. 7. [OWNER OF REAL PROPERTY.] "Owner of real
property" means a person who is in possession of, has the right
of control, or controls the use of real property, including
without limitation a person who may be a fee owner, lessee,
renter, tenant, lessor, contract for deed vendee, licensor,
licensee, or occupant.
Subd. 8. [PERSON.] "Person" means an individual, firm,
corporation, partnership, association, trust, joint stock
company, or unincorporated organization, the state, a state
agency, or a political subdivision. [17.713 s. 15]
Subd. 9. [PROVISION OF THIS CHAPTER.] "Provision of this
chapter" means a provision of this chapter, chapter 18B, chapter
18C, or a rule adopted under those chapters.
Subd. 10. [RESPONSIBLE PARTY.] "Responsible party" means a
person who at the time of an incident has custody of, control
of, or responsibility for a pesticide, fertilizer, pesticide or
fertilizer container, or pesticide or fertilizer rinsate.
AGRICULTURAL CHEMICAL APPLICATION LIABILITY
Sec. 2. [18D.101] [LIABILITY FOR APPLICATION.]
(a) Notwithstanding other law relating to liability for
agricultural chemical use, an end user or landowner is not
liable for the cost of active cleanup, or damages associated
with or resulting from agricultural chemicals in groundwater if
the person has applied or has had others apply agricultural
chemicals in compliance with state law, with any applicable
labeling, and orders of the commissioner.
(b) It is a complete defense for liability if the person
has complied with the provisions in paragraph (a).
INCIDENTS
Sec. 3. [18D.103] [REPORT OF INCIDENTS REQUIRED.]
Subdivision 1. [REPORT TO COMMISSIONER.] A responsible
party or an owner of real property must, on discovering an
incident has occurred, immediately report the incident to the
commissioner.
Subd. 2. [WRITTEN REPORT.] The responsible party must
submit a written report of the incident to the commissioner in
the form and by the time prescribed by the commissioner.
Sec. 4. [18D.105] [CORRECTIVE ACTION ORDERS.]
Subdivision 1. [CORRECTIVE ACTION ORDERS.] (a) After
determining an incident has occurred, the commissioner may order
the responsible party to take reasonable and necessary
corrective actions.
(b) The commissioner shall notify the owner of real
property where corrective action is ordered that access to the
property will be required for the responsible party or the
commissioner to take corrective action.
(c) A political subdivision may not request or order any
person to take an action that conflicts with the corrective
action ordered by the commissioner.
(d) The attorney general on request of the commissioner may
bring an action to compel corrective action.
Subd. 2. [COMMISSIONER'S CORRECTIVE ACTIONS.] The
commissioner may take corrective action if:
(1) a responsible party cannot be identified; or
(2) an identified responsible party cannot or will not
comply with a corrective action order issued under subdivision 1.
Subd. 3. [EMERGENCY CORRECTIVE ACTION.] (a) To assure an
adequate response to an incident, the commissioner may take
corrective action without following the procedures of
subdivision 1 if the commissioner determines that the incident
constitutes a clear and immediate danger requiring immediate
action to prevent, minimize, or mitigate damage to the public
health and welfare or the environment.
(b) Before taking an action under this subdivision, the
commissioner must make all reasonable efforts, taking into
consideration the urgency of the situation, to order a
responsible party to take a corrective action and notify the
owner of real property where the corrective action is to be
taken.
Subd. 4. [AGRICULTURE IS LEAD AGENCY.] The department of
agriculture is the lead state agency in taking corrective action
for incidents.
Sec. 5. [18D.111] [LIABILITY FOR COSTS.]
Subdivision 1. [CORRECTIVE ACTION COSTS.] (a) A
responsible party is liable for the costs, including for a
corrective action administrative cost incurred after the
corrective action order has been issued, or for emergency
corrective action, all costs. The commissioner may issue an
order for recovery of the costs.
(b) A responsible party is liable for the costs of any
destruction to wildlife. Payments of costs for wildlife
destruction shall be deposited in the game and fish fund of the
state treasury.
Subd. 2. [OWNER OF REAL PROPERTY.] An owner of real
property is not a responsible party for an incident on the
owner's property unless that owner:
(1) was engaged in manufacturing, formulating,
transporting, storing, handling, applying, distributing, or
disposing of an agricultural chemical on the property;
(2) knowingly permitted any person to make regular use of
the property for disposal of agricultural chemicals; or
(3) violated this chapter in a way that contributed to the
incident.
Subd. 3. [LIABILITY FOR EMPLOYEES.] A person licensed
under chapter 18B or chapter 18C is civilly liable for
violations of this chapter, chapter 18B, or chapter 18C by the
person's employees and agents.
Subd. 4. [AVOIDANCE OF LIABILITY.] (a) A responsible party
may not avoid liability by means of a conveyance of a right,
title, or interest in real property, or by an indemnification,
hold harmless agreement, or similar agreement.
(b) This subdivision does not:
(1) prohibit a person who may be liable from entering an
agreement by which the person is insured, held harmless, or
indemnified for part or all of the liability;
(2) prohibit the enforcement of an insurance, hold
harmless, or indemnification agreement; or
(3) bar a cause of action brought by a person who may be
liable or by an insurer or guarantor, whether by right of
subrogation or otherwise.
Subd. 5. [DEFENSE.] As a defense to a penalty or liability
for damages, a person may prove that a violation was caused
solely by an act of God, an act of war, or an act or failure to
act that constitutes sabotage or vandalism, or a combination of
these defenses.
Sec. 6. [18D.115] [APPORTIONMENT OF LIABILITY AND
CONTRIBUTION.]
Subdivision 1. [RIGHT OF APPORTIONMENT.] (a) A responsible
party held liable under this chapter has the right to have the
trier of fact apportion liability among the responsible parties
as provided in this section. The burden is on each responsible
party to show how that responsible party's liability should be
apportioned. The trier of fact shall reduce the amount of
damages in proportion to the amount of liability apportioned to
the party recovering.
(b) In apportioning the liability of a party under this
section, the trier of fact shall consider the following:
(1) the extent to which that responsible party contributed
to the incident;
(2) the amount of agricultural chemical involved;
(3) the degree of toxicity of the agricultural chemical
involved;
(4) the degree of involvement of and care exercised by the
responsible party in manufacturing, formulating, handling,
storing, distributing, transporting, applying, and disposing of
the agricultural chemical;
(5) the degree of cooperation by the responsible party with
federal, state, or local officials to prevent any harm to the
public health or the environment; and
(6) knowledge by the responsible party of the hazardous
nature of the agricultural chemical.
Subd. 2. [CONTRIBUTION.] If a responsible party is held
liable under this chapter and establishes a proportionate share
of the aggregate liability, the provisions of section 604.02,
subdivisions 1 and 2, shall apply with respect to contribution
and reallocation of any uncollectible amounts, except that an
administrative law judge may also perform the functions of a
court identified in section 604.02, subdivision 2.
INSPECTION
Sec. 7. [18D.201] [INSPECTION, SAMPLING, ANALYSIS.]
Subdivision 1. [ACCESS AND ENTRY.] (a) The commissioner,
upon presentation of official department credentials, must be
granted access at reasonable times without delay to sites:
(1) where a person manufactures, formulates, distributes,
uses, disposes of, stores, or transports an agricultural
chemical; or
(2) which the commissioner reasonably believes are
affected, or possibly affected, by the use of an agricultural
chemical, agricultural chemical container, agricultural chemical
rinsate, or agricultural chemical device in violation of this
chapter.
(b) The commissioner may enter sites for:
(1) inspection of equipment for the manufacture,
formulation, blending, distribution, disposal, or application of
agricultural chemicals and the premises on which the equipment
is stored;
(2) sampling of sites actually or reportedly exposed to
agricultural chemicals;
(3) inspection of storage, handling, distribution, use, or
disposal areas of agricultural chemicals or their containers;
(4) inspection or investigation of complaints of injury to
the environment;
(5) sampling of agricultural chemicals;
(6) observation of the use and application of an
agricultural chemical;
(7) inspection of records related to the manufacture,
distribution, storage, handling, use, or disposal of an
agricultural chemical;
(8) investigating the source, nature, and extent of an
incident, and the extent of the adverse effects on the
environment; and
(9) other purposes necessary to implement this chapter,
chapter 18B, or 18C.
(c) The commissioner may enter any public or private
premises during or after regular business hours without a notice
of inspection when a suspected incident may threaten public
health or the environment.
Subd. 2. [NOTICE OF INSPECTION SAMPLES AND ANALYSES.] (a)
The commissioner shall provide the owner, operator, or agent in
charge with a receipt describing any samples obtained. If
requested, the commissioner shall split any samples obtained and
provide them to the owner, operator, or agent in charge. If an
analysis is made of the samples, a copy of the results of the
analysis must be furnished to the owner, operator, or agent in
charge within 30 days after an analysis has been performed. If
an analysis is not performed, the commissioner must notify the
owner, operator, or agent in charge within 30 days of the
decision not to perform the analysis.
(b) The methods of sampling and analysis must be those
adopted by the United States Environmental Protection Agency or
the association of official analytical chemists. In cases not
covered by those methods, or in cases where methods are
available in which improved applicability has been demonstrated,
the commissioner may adopt appropriate methods from other
sources.
(c) In sampling a lot of agricultural chemical that is
registered, a single package may constitute the official sample.
Subd. 3. [INSPECTION REQUESTS BY OTHERS.] (a) A person who
believes that a violation of this chapter has occurred may
request an inspection by giving notice to the commissioner of
the violation. The notice must be in writing, state with
reasonable particularity the grounds for the notice, and be
signed by the person making the request.
(b) If after receiving a notice of violation the
commissioner reasonably believes that a violation has occurred,
the commissioner shall make a special inspection in accordance
with the provisions of this section as soon as practicable, to
determine if a violation has occurred.
(c) An inspection conducted pursuant to a notice under this
subdivision may cover an entire site and is not limited to the
portion of the site specified in the notice. If the
commissioner determines that reasonable grounds to believe that
a violation occurred do not exist, the commissioner must notify
the person making the request in writing of the determination.
Subd. 4. [ORDER TO ENTER AFTER REFUSAL.] After a refusal
or an anticipated refusal based on a prior refusal to allow
entrance on a prior occasion by an owner, operator, or agent in
charge to allow entry as specified in this chapter, the
commissioner may apply for an order in the district court in the
county where a site is located, that compels a person with
authority to allow the commissioner to enter and inspect the
site.
Subd. 5. [VIOLATOR LIABLE FOR INSPECTION COSTS.] (a) The
cost of reinspection and reinvestigation may be assessed by the
commissioner if the person subject to the corrective action
order or remedial action order does not comply with the order in
a reasonable time as provided in the order.
(b) The commissioner may enter an order for recovery of the
inspection and investigation costs.
Subd. 6. [INVESTIGATION AUTHORITY.] (a) In making
inspections under this chapter, the commissioner may administer
oaths, certify official acts, issue subpoenas to take and cause
to be taken depositions of witnesses, and compel the attendance
of witnesses and production of papers, books, documents,
records, and testimony.
(b) If a person fails to comply with a subpoena, or a
witness refuses to produce evidence or to testify to a matter
about which the person may be lawfully questioned, the district
court shall, on application of the commissioner, compel
obedience proceedings for contempt, as in the case of
disobedience of the requirements of a subpoena issued by the
court or a refusal to testify in court.
ENFORCEMENT
Sec. 8. [18D.301] [ENFORCEMENT.]
Subdivision 1. [ENFORCEMENT REQUIRED.] (a) The
commissioner shall enforce this chapter and chapters 18B and 18C.
(b) Violations of chapter 18B or chapter 18C or rules
adopted under chapter 18B or chapter 18C are a violation of this
chapter.
(c) Upon the request of the commissioner, county attorneys,
sheriffs, and other officers having authority in the enforcement
of the general criminal laws shall take action to the extent of
their authority necessary or proper for the enforcement of this
chapter or special orders, standards, stipulations, and
agreements of the commissioner.
Subd. 2. [COMMISSIONER'S DISCRETION.] If minor violations
of this chapter, chapter 18B, or chapter 18C occur or when the
commissioner believes the public interest will be best served by
a suitable notice of warning in writing, this chapter does not
require the commissioner to:
(1) report the violation for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution or stop-sale order.
[17.728 s. 3]
Subd. 3. [CIVIL ACTIONS.] Civil judicial enforcement
actions may be brought by the attorney general in the name of
the state on behalf of the commissioner. A county attorney may
bring a civil judicial enforcement action upon the request of
the commissioner and agreement by the attorney general.
Subd. 4. [INJUNCTION.] The commissioner may apply to a
court with jurisdiction for a temporary or permanent injunction
to prevent, restrain, or enjoin violations of this chapter.
Subd. 5. [CRIMINAL ACTIONS.] For a criminal action, the
county attorney from the county where a criminal violation
occurred is responsible for prosecuting a violation of this
chapter. If the county attorney refuses to prosecute, the
attorney general on request of the commissioner may prosecute.
Subd. 6. [AGENT FOR SERVICE OF PROCESS.] All nonresident
commercial and structural pest control applicator licensees
licensed as individuals must appoint the commissioner as the
agent upon whom all legal process may be served and service upon
the commissioner is deemed to be service on the licensee.
Sec. 9. [18D.305] [ADMINISTRATIVE ACTION.]
Subdivision 1. [ADMINISTRATIVE REMEDIES.] The commissioner
may seek to remedy violations by a written warning,
administrative meeting, cease and desist, stop-use, stop-sale,
removal, correction order, or other special order, seizure,
stipulation, agreement, or administrative penalty, if the
commissioner determines that the remedy is in the public
interest.
Subd. 2. [REVOCATION AND SUSPENSION.] The commissioner
may, after written notice and hearing, revoke, suspend, or
refuse to grant or renew a registration, permit, license, or
certification if a person violates a provision of this chapter
or has a history within the last three years of violations of
this chapter.
Subd. 3. [CANCELLATION OF REGISTRATION.] (a) The
commissioner may cancel the registration of a specialty
fertilizer, soil amendment, or plant amendment or refuse to
register a brand of specialty fertilizer, soil amendment, or
plant amendment after receiving satisfactory evidence that the
registrant has used fraudulent or deceptive practices in the
evasion or attempted evasion of the provisions of this chapter.
(b) Registration may not be revoked until the registrant
has been given opportunity for a hearing by the commissioner.
[17.728 s. 1]
Subd. 4. [CANCELLATION OF LICENSE.] (a) The commissioner
may cancel a license issued under this chapter after receiving
satisfactory evidence that the licensee has used fraudulent and
deceptive practices in the evasion or attempted evasion of the
provisions of this chapter.
(b) A license may not be revoked until the licensee has
been given opportunity for a hearing by the commissioner.
[17.728 s. 2]
Subd. 5. [CANCELLATION OF FACILITY AND EQUIPMENT
APPROVAL.] (a) The commissioner may cancel the approval of a
facility or equipment if:
(1) hazards to people's lives, adjoining property, or the
environment exist; or
(2) there is satisfactory evidence that the person to whom
the approval was issued has used fraudulent or deceptive
practices to evade or attempt to evade the provisions of this
chapter.
(b) An approval may not be canceled until the person has
been given an opportunity for a hearing by the commissioner.
[17.728 s. 2a]
Subd. 6. [SERVICE OF ORDER OR NOTICE.] (a) If a person is
not available for service of an order, the commissioner may
attach the order to the agricultural chemical container,
rinsate, equipment, or device or facility and notify the owner,
custodian, other responsible party, or registrant.
(b) The agricultural chemical container, rinsate,
equipment, or device may not be sold, used, or removed until the
agricultural chemical container, rinsate, equipment, or device
has been released under conditions specified by the
commissioner, by an administrative law judge, or by a court.
Sec. 10. [18D.311] [DAMAGES AGAINST STATE FOR
ADMINISTRATIVE ACTION WITHOUT CAUSE.]
If the commissioner did not have probable cause for an
administrative action, including the issuance of a stop-sale,
stop-use, or removal order, a court may allow recovery for
damages caused by the administrative action.
Sec. 11. [18D.315] [ADMINISTRATIVE PENALTIES.]
Subdivision 1. [ASSESSMENT.] (a) In determining the amount
of the administrative penalty, the commissioner shall consider
the economic gain received by the person allowing or committing
the violation, the gravity of the violation in terms of actual
or potential damage to human health and the environment, and the
violator's culpability, good faith, and history of violations.
(b) The commissioner may assess an administrative penalty
of up to $1,500 per day for a violation of a corrective action
order or remedial action order.
(c) An administrative penalty may be assessed if the person
subject to a corrective action order or remedial action order
does not comply with the order in the time provided in the
order. The commissioner must state the amount of the
administrative penalty in the corrective action order or
remedial action order.
Subd. 2. [COLLECTION OF PENALTY.] (a) If a person subject
to an administrative penalty fails to pay the penalty, which
must be part of a final order by the commissioner, by 30 days
after the final order is issued, the commissioner may commence a
civil action for double the assessed penalty plus attorney fees
and costs.
(b) An administrative penalty may be recovered in a civil
action in the name of the state brought in the district court of
the county where the violation is alleged to have occurred or
the district court where the commissioner has an office.
Sec. 12. [18D.321] [APPEAL OF COMMISSIONER'S ORDERS.]
Subdivision 1. [NOTICE OF APPEAL.] (a) After service of an
order, a person has 45 days from receipt of the order to notify
the commissioner in writing that the person intends to contest
the order.
(b) If the person fails to notify the commissioner that the
person intends to contest the order, the order is a final order
of the commissioner and not subject to further judicial or
administrative review.
Subd. 2. [ADMINISTRATIVE REVIEW.] If a person notifies the
commissioner that the person intends to contest an order issued
under this chapter, the state office of administrative hearings
shall conduct a hearing in accordance with the applicable
provisions of chapter 14 for hearings in contested cases.
Subd. 3. [JUDICIAL REVIEW.] Judicial review of a final
decision in a contested case is available as provided in chapter
14.
Sec. 13. [18D.325] [CIVIL PENALTIES.]
Subdivision 1. [GENERAL PENALTY.] Except as provided in
subdivisions 2 and 3, a person who violates this chapter,
chapter 18B or 18C or a special order, standard, stipulation,
agreement, or schedule of compliance of the commissioner is
subject to a civil penalty of up to $7,500 per day of violation
as determined by the court.
Subd. 2. [DISPOSAL THAT BECOMES HAZARDOUS WASTE.] A person
who violates a provision of this chapter, chapter 18B, or
chapter 18C or a special order, standard, stipulation,
agreement, or schedule of compliance of the commissioner that
relates to disposal of agricultural chemicals so that they
become hazardous waste, is subject to the penalties in section
115.071.
Subd. 3. [DEFENSE TO CIVIL REMEDIES AND DAMAGES.] As a
defense to a civil penalty or claim for damages under
subdivisions 1 and 2, the defendant may prove that the violation
was caused solely by an act of God, an act of war, or an act or
failure to act that constitutes sabotage or vandalism, or any
combination of these defenses.
Subd. 4. [ACTIONS TO COMPEL PERFORMANCE.] In an action to
compel performance of an order of the commissioner to enforce a
provision of this chapter, the court may require a defendant
adjudged responsible to perform the acts within the person's
power that are reasonably necessary to accomplish the purposes
of the order.
Subd. 5. [RECOVERY OF PENALTIES BY CIVIL ACTION.] The
civil penalties and payments provided for in this section may be
recovered by a civil action brought by the county attorney or
the attorney general in the name of the state.
Sec. 14. [18D.331] [CRIMINAL PENALTIES.]
Subdivision 1. [GENERAL VIOLATION.] Except as provided in
subdivisions 2 and 3, a person is guilty of a misdemeanor if the
person violates a provision of this chapter, chapter 18B, or
chapter 18C or a special order, standard, stipulation,
agreement, or schedule of compliance of the commissioner.
Subd. 2. [VIOLATION ENDANGERING HUMANS.] A person is
guilty of a gross misdemeanor if the person violates a provision
of this chapter, chapter 18B, or chapter 18C or a special order,
standard, stipulation, agreement, or schedule of compliance of
the commissioner, and the violation endangers humans.
Subd. 3. [VIOLATION WITH KNOWLEDGE.] A person is guilty of
a gross misdemeanor if the person knowingly violates a provision
of this chapter, chapter 18B, or chapter 18C or a standard,
special order, stipulation, agreement, or schedule of compliance
of the commissioner.
Subd. 4. [DISPOSAL THAT BECOMES HAZARDOUS WASTE.] A person
who knowingly, or with reason to know, disposes of an
agricultural chemical so that the product becomes hazardous
waste is subject to the penalties in section 115.071.
ARTICLE 8
CHAPTER 18E
AGRICULTURAL CHEMICAL INCIDENT PAYMENT AND REIMBURSEMENT
Section 1. [18E.01] [CITATION.]
This chapter may be cited as the agricultural chemical
response and reimbursement law.
Sec. 2. [18E.02] [DEFINITIONS.]
Subdivision 1. [DEFINITIONS IN CHAPTERS 18B, 18C, AND 18D
APPLY.] The definitions contained in this section and chapters
18B, 18C, and 18D apply to this chapter.
Subd. 2. [ACCOUNT.] "Account" means the agricultural
chemical response and reimbursement account.
Subd. 3. [AGRICULTURAL CHEMICAL.] "Agricultural chemical"
means pesticide, fertilizer, plant amendment, or soil amendment
but does not include nitrate and related nitrogen from a natural
source.
Subd. 4. [BOARD.] "Board" means the agricultural chemical
response compensation board.
Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means a
responsible party or an owner of real property, but does not
include the state, a state agency, a political subdivision of
the state, the federal government, or an agency of the federal
government.
Sec. 3. [18E.03] [AGRICULTURAL CHEMICAL RESPONSE AND
REIMBURSEMENT ACCOUNT.]
Subdivision 1. [ESTABLISHMENT.] The agricultural chemical
response and reimbursement account is established as an account
in the state treasury.
Subd. 2. [EXPENDITURES.] (a) Money in the agricultural
chemical response and reimbursement account may only be used:
(1) to pay for the commissioner's responses to incidents
under chapters 18B, 18C, and 18D that are not eligible for
payment under section 115B.20, subdivision 2;
(2) to pay for emergency responses that are otherwise
unable to be funded; and
(3) to reimburse and pay corrective action costs under
section 4.
(b) Money in the agricultural chemical response and
reimbursement account is appropriated to the commissioner to
make payments as provided in this subdivision.
Subd. 3. [DETERMINATION OF RESPONSE AND REIMBURSEMENT
FEE.] (a) The commissioner shall determine the amount of the
response and reimbursement fee under subdivision 5 after a
public hearing, but notwithstanding section 16A.128, based on:
(1) the amount needed to maintain a balance in the account
of $1,000,000;
(2) the amount estimated to be needed for responses to
incidents as provided in subdivision 2, clauses (1) and (2); and
(3) the amount needed for payment and reimbursement under
section 4.
(b) The commissioner shall determine the response and
reimbursement fee so that the balance in the account does not
exceed $5 million.
(c) Money from the response and reimbursement fee shall be
deposited in the treasury and credited to the agricultural
chemical response and reimbursement account.
Subd. 4. [FEE THROUGH 1990.] (a) The response and
reimbursement fee consists of the surcharge fees in this
subdivision and shall be collected until December 31, 1990.
(b) The commissioner shall impose a surcharge on pesticides
registered under chapter 18B to be collected as a surcharge on
the registration application fee under section 18B.26,
subdivision 3, that is equal to 0.1 percent of sales of the
pesticide in the state for use in the state during the previous
calendar quarter, except the surcharge may not be imposed on
pesticides that are sanitizers or disinfectants as determined by
the commissioner.
(c) The commissioner shall impose a ten cents per ton
surcharge on the inspection fee under article 6, section 25,
subdivision 6, for fertilizers, soil amendments, and plant
amendments.
(d) The commissioner shall impose a surcharge on the
license application of persons licensed under chapters 18B and
18C consisting of:
(1) a $150 surcharge for each site where pesticides are
stored or distributed, to be imposed as a surcharge on pesticide
dealer application fees under section 18B.31, subdivision 5;
(2) a $150 surcharge for each site where a fertilizer,
plant amendment, or soil amendment is distributed, to be imposed
on persons licensed under article 6, sections 23 and 25;
(3) a $50 surcharge to be imposed on a structural pest
control applicator license application under section 18B.32,
subdivision 6, for business license applications only;
(4) a $20 surcharge to be imposed on commercial applicator
license application fees under section 18B.33, subdivision 7;
(5) a $20 surcharge to be imposed on noncommercial
applicator license application fees under section 18B.34,
subdivision 5, except a surcharge may not be imposed on a
noncommercial applicator that is a state agency, political
subdivision of the state, the federal government, or an agency
of the federal government; and
(6) a $50 surcharge for licensed lawn service applicators
under chapter 18B or 18C, to be imposed on license application
fees.
(e) If a person has more than one license for a site, only
one surcharge may be imposed to cover all the licenses for the
site.
Subd. 5. [FEE AFTER 1990.] (a) The response and
reimbursement fee after December 31, 1990, consists of the
surcharges in this subdivision and shall be collected by the
commissioner. The amount of the response and reimbursement fee
shall be determined under subdivision 3. The amount of the
surcharges shall be proportionate to and may not exceed the
surcharges in subdivision 4.
(b) The commissioner shall impose a surcharge on pesticides
registered under chapter 18B to be collected as a surcharge on
the registration application fee under section 18B.26,
subdivision 3, as a percent of sales of the pesticide in the
state for use in the state during the previous calendar quarter,
except the surcharge may not be imposed on pesticides that are
sanitizers or disinfectants as determined by the commissioner.
(c) The commissioner shall impose a fee per ton surcharge
on the inspection fee under article 6, section 25, subdivision
6, for fertilizers, soil amendments, and plant amendments.
(d) The commissioner shall impose a surcharge on the
application fee of persons licensed under chapters 18B and 18C
consisting of:
(1) a surcharge for each site where pesticides are stored
or distributed, to be imposed as a surcharge on pesticide dealer
application fees under section 18B.31, subdivision 5;
(2) a surcharge for each site where a fertilizer, plant
amendment, or soil amendment is distributed, to be imposed on
persons licensed under article 6, sections 23 and 25;
(3) a surcharge to be imposed on a structural pest control
applicator license application under section 18B.32, subdivision
6, for business license applications only;
(4) a surcharge to be imposed on commercial applicator
license application fees under section 18B.33, subdivision 7;
(5) a surcharge to be imposed on noncommercial applicator
license application fees under section 18B.34, subdivision 5,
except a surcharge may not be imposed on a noncommercial
applicator that is a state agency, a political subdivision of
the state, the federal government, or an agency of the federal
government; and
(6) a surcharge for licensed lawn service applicators under
chapter 18B or 18C, to be imposed on license application fees.
(e) If a person has more than one license for a site, only
one surcharge may be imposed to cover all the licenses for the
site.
Subd. 6. [REVENUE SOURCES.] Revenue from the following
sources must be deposited in the state treasury and credited to
the agricultural chemical response and reimbursement account:
(1) the proceeds of the fees imposed by subdivisions 3 and
5;
(2) money recovered by the state for expenses paid with
money from the account;
(3) interest attributable to investment of money in the
account; and
(4) money received by the commissioner in the form of
gifts, grants other than federal grants, reimbursements, and
appropriations from any source intended to be used for the
purposes of the account.
Sec. 4. [18E.04] [REIMBURSEMENT OR PAYMENT OF RESPONSE
COSTS.]
Subdivision 1. [REIMBURSEMENT OF RESPONSE COSTS.] The
commissioner shall reimburse an eligible person from the
agricultural chemical response and reimbursement account for the
reasonable and necessary costs incurred by the eligible person
in taking corrective action as provided in subdivision 4, if the
board determines:
(1) the eligible person complied with corrective action
orders issued to the eligible person by the commissioner; and
(2) the incident was reported as required in chapters 18B,
18C, and 18D.
Subd. 2. [PAYMENT OF CORRECTIVE ACTION COSTS.] (a) On
request by an eligible person, the board may pay the eligible
person for the reasonable and necessary cash disbursements for
corrective action costs incurred by the eligible person as
provided under subdivision 4 if the board determines:
(1) the eligible person pays the first $1,000 of the
corrective action costs;
(2) the eligible person provides the board with a sworn
affidavit and other convincing evidence that the eligible person
is unable to pay additional corrective action costs;
(3) the eligible person continues to assume responsibility
for carrying out the requirements of corrective action orders
issued to the eligible person or that are in effect; and
(4) the incident was reported as required in chapters 18B,
18C, and 18D.
(b) An eligible person is not eligible for payment or
reimbursement and must refund amounts paid or reimbursed by the
board if false statements or misrepresentations are made in the
affidavit or other evidence submitted to the commissioner to
show an inability to pay corrective action costs.
Subd. 3. [PARTIAL REIMBURSEMENT.] If the board determines
that an incident was caused by a violation of chapter 18B, 18C,
or 18D, the board may reimburse or pay a portion of the
corrective action costs of the eligible person based on the
culpability of the eligible person and the percentage of the
costs not attributable to the violation.
Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay
a person that is eligible for reimbursement or payment under
subdivisions 1, 2, and 3 from the agricultural chemical response
and reimbursement account for:
(1) 90 percent of the total reasonable and necessary
corrective action costs greater than $1,000 and less than
$100,000; and
(2) 100 percent of the total reasonable and necessary
corrective action costs equal to or greater than $100,000 but
less than $200,000.
(b) A reimbursement or payment may not be made until the
board has determined that the costs are reasonable and are for a
reimbursement of the costs that were actually incurred.
(c) The board may make periodic payments or reimbursements
as corrective action costs are incurred upon receipt of invoices
for the corrective action costs.
(d) Money in the agricultural chemical response and
reimbursement account is appropriated to the commissioner to
make payments and reimbursements directed by the board under
this subdivision.
Subd. 5. [REIMBURSEMENT OR PAYMENT DECISIONS.] (a) The
board may issue a letter of intent on whether a person is
eligible for payment or reimbursement. The letter is not
binding on the board.
(b) The board must issue an order granting or denying a
request within 30 days following a request for reimbursement or
for payment under subdivisions 1, 2, or 3.
(c) After an initial request is made for reimbursement,
notwithstanding subdivisions 1 to 4, the board may deny
additional requests for reimbursement.
(d) If a request is denied, the eligible person may appeal
the decision as a contested case hearing under chapter 14.
Subd. 6. [SUBROGATION.] (a) If a person other than a
responsible party is paid or reimbursed from the response
reimbursement account as a condition of payment or
reimbursement, the state is subrogated to the rights of action
the person paid or reimbursed has against the responsible
party. The commissioner shall collect the amounts from the
responsible party and on request of the commissioner on behalf
of the board the attorney general shall bring an action to
enforce the collection.
(b) Amounts collected under this subdivision must be
credited to the agricultural chemical response and reimbursement
account.
Sec. 5. [18E.05] [AGRICULTURAL CHEMICAL RESPONSE
COMPENSATION BOARD.]
Subdivision 1. [MEMBERSHIP.] (a) The agricultural chemical
response compensation board is created to consist of the
commissioner of agriculture, the commissioner of commerce, and
three private industry members consisting of: one
representative of agricultural chemical manufacturers and
wholesalers; one representative of farmers; and one
representative of dealers who sell the agricultural chemicals at
retail. The governor shall appoint the private industry members.
Appointment, vacancies, removal, terms, and payment of
compensation and expenses of members, but not expiration of the
board itself, are governed by section 15.0575.
(b) The commissioner of agriculture shall provide staff to
support the activities of the board.
(c) The board shall adopt rules regarding its practices and
procedures, the application form and procedures for determining
eligibility for and the amount of reimbursement, and procedures
for investigation of claims. The board may adopt emergency
rules under this subdivision for one year from the effective
date of this article.
Subd. 2. [DUTIES.] The board shall:
(1) accept applications for reimbursement from the account;
(2) determine the eligibility of applicants for
reimbursement;
(3) determine the amount of reimbursement due each eligible
applicant and the reimbursement payment schedule where
applicable; and
(4) order reimbursement and notify the commissioner of the
eligible person, the amount of reimbursement due, and the
payment schedule, if any.
Subd. 3. [PROCEDURES.] The board must issue an order
granting or denying a request within 30 days of receipt of a
completed application unless the applicant and the commissioner
agree to a longer time period. If the board denies
reimbursement, its decision may be appealed in a contested case
proceeding under chapter 14.
Sec. 6. [18E.06] [REPORT TO WATER COMMISSION.]
By November 1, 1990, and each year thereafter, the
agricultural chemical response compensation board and the
commissioner shall submit to the house of representatives
committee on appropriations, the senate committee on finance,
and the legislative water commission a report detailing the
activities and reimbursements for which money from the account
has been spent during the previous year.
Sec. 7. Minnesota Statutes 1988, section 115B.20, is
amended to read:
115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION AND
COMPLIANCE FUND.]
Subdivision 1. [ESTABLISHMENT.] (a) The environmental
response, compensation and compliance fund is created as an
account in the state treasury and may be spent only for the
purposes provided in subdivision 2.
(b) The commissioner of finance shall administer a response
account in the fund for the agency and the commissioner of
agriculture to take removal, response, and other actions
authorized under subdivision 2, clauses (1) to (4). The
commissioner of finance shall allocate money from the response
account to the agency and the commissioner of agriculture to
take actions required under subdivision 2, clauses (1) to (4).
(c) The commissioner of finance shall administer the
account in a manner that allows the commissioner of agriculture
and the agency to utilize the money in the account to implement
their removal and remedial action duties as effectively as
possible.
Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject
to appropriation by the legislature the money in the fund may be
spent for any of the following purposes:
(a) (1) preparation by the agency and the commissioner of
agriculture for taking removal or remedial action under section
115B.17, or under chapter 18D, including investigation,
monitoring and testing activities, enforcement and compliance
efforts relating to the release of hazardous substances,
pollutants or contaminants under section 115B.17 or 115B.18, or
chapter 18D;
(b) (2) removal and remedial actions taken or authorized by
the agency or the commissioner of the pollution control agency
under section 115B.17, or taken or authorized by the
commissioner of agriculture under chapter 18D including related
enforcement and compliance efforts under section 115B.17 or
115B.18, or chapter 18D, and payment of the state share of the
cost of remedial action which may be carried out under a
cooperative agreement with the federal government pursuant to
the Federal Superfund Act, under United States Code, title 42,
section 9604(c)(3) for actions related to facilities other than
commercial hazardous waste facilities located under the siting
authority of chapter 115A;
(c) (3) reimbursement to any private person for
expenditures made before July 1, 1983 to provide alternative
water supplies deemed necessary by the agency or the
commissioner of agriculture and the department of health to
protect the public health from contamination resulting from the
release of a hazardous substance;
(d) (4) removal and remedial actions taken or authorized by
the agency or the commissioner of agriculture or the pollution
control agency under section 115B.17, or chapter 18D, including
related enforcement and compliance efforts under section 115B.17
or 115B.18, or chapter 18D, and payment of the state share of
the cost of remedial action which may be carried out under a
cooperative agreement with the federal government pursuant to
the Federal Superfund Act, under United States Code, title 42,
section 9604(c)(3) for actions related to commercial hazardous
waste facilities located under the siting authority of chapter
115A;
(e) (5) compensation as provided by law, after submission
by the waste management board of the report required under
section 115A.08, subdivision 5, to mitigate any adverse impact
of the location of commercial hazardous waste processing or
disposal facilities located pursuant to the siting authority of
chapter 115A;
(f) (6) planning and implementation by the commissioner of
natural resources of the rehabilitation, restoration or
acquisition of natural resources to remedy injuries or losses to
natural resources resulting from the release of a hazardous
substance;
(g) (7) inspection, monitoring and compliance efforts by
the agency, or by political subdivisions with agency approval,
of commercial hazardous waste facilities located under the
siting authority of chapter 115A;
(h) (8) grants by the agency or the waste management board
to demonstrate alternatives to land disposal of hazardous waste
including reduction, separation, pretreatment, processing and
resource recovery, for education of persons involved in
regulating and handling hazardous waste;
(i) (9) intervention and environmental mediation by the
legislative commission on waste management under chapter 115A;
and
(j) (10) grants by the agency to study the extent of
contamination and feasibility of cleanup of hazardous substances
and pollutants or contaminants in major waterways of the state.
Subd. 3. [LIMIT ON CERTAIN EXPENDITURES.] The commissioner
of agriculture or the pollution control agency or the agency may
not spend any money under subdivision 2, clause (b) (2) or
(d) (4), for removal or remedial actions to the extent that the
costs of those actions may be compensated from any fund
established under the Federal Superfund Act, United States Code,
title 42, section 9600 et seq. The commissioner of agriculture
or the pollution control agency or the agency shall determine
the extent to which any of the costs of those actions may be
compensated under the federal act based on the likelihood that
the compensation will be available in a timely fashion. In
making this determination the commissioner of agriculture or the
pollution control agency or the agency shall take into account:
(a) (1) the urgency of the removal or remedial actions and
the priority assigned under the Federal Superfund Act to the
release which necessitates those actions;
(b) (2) the availability of money in the funds established
under the Federal Superfund Act; and
(c) (3) the consistency of any compensation for the cost of
the proposed actions under the Federal Superfund Act with the
national contingency plan, if such a plan has been adopted under
that act.
Subd. 4. [REVENUE SOURCES.] Revenue from the following
sources shall be deposited in the environmental response,
compensation and compliance fund:
(a) (1) the proceeds of the taxes imposed pursuant to
section 115B.22, including interest and penalties;
(b) (2) all money recovered by the state under sections
115B.01 to 115B.18 or under any other statute or rule related to
the regulation of hazardous waste or hazardous substances,
including civil penalties and money paid under any agreement,
stipulation or settlement but excluding fees imposed under
section 116.12;
(c) (3) all interest attributable to investment of money
deposited in the fund; and
(d) (4) all money received in the form of gifts, grants,
reimbursement or appropriation from any source for any of the
purposes provided in subdivision 2, except federal grants.
Subd. 5. [RECOMMENDATION BY LCWM.] The legislative
commission on waste management and the commissioner of
agriculture shall make recommendations to the standing
legislative committees on finance and appropriations regarding
appropriations from the fund.
Subd. 6. [REPORT TO LEGISLATURE.] By November 1, 1984, and
Each year thereafter, the commissioner of agriculture and the
agency shall submit to the senate finance committee, the house
appropriations committee and the legislative commission on waste
management a report detailing the activities for which money
from the environmental response, compensation and compliance
fund has been spent during the previous fiscal year.
Sec. 8. [REVIEW OF PRIORITIES LIST.]
The commissioner of agriculture in consultation with the
pollution control agency shall review the priorities list under
section 115B.17, subdivision 13, and evaluate the
appropriateness of the ranking criteria for agricultural
chemical releases, and how groundwater in the state is protected
from agricultural chemical releases based on the priorities and
use of the fund. The commissioner of agriculture shall prepare
a report and submit it to the legislative water commission and
the legislature by January 1, 1990.
Sec. 9. [STUDY ON THE HEALTH AND RESPONSE RISKS OF
AGRICULTURAL CHEMICALS.]
The commissioner of agriculture shall conduct a study and
report and submit it to the legislature by January 15, 1990, on
agricultural chemicals in the state that pose the greatest
health risk and health hazard due to toxicity, amount used in
the state, leachability, persistence, and other factors, and the
agricultural chemicals that pose the greatest risk of incurring
corrective action which would be reimbursed from the
agricultural chemical response and reimbursement account.
The study and report must include a plan for assessing
surcharges under section 3, subdivision 5.
Sec. 10. [EFFECTIVE DATE.]
Sections 3, 4, and 5 are effective July 1, 1990.
ARTICLE 9
WATERSHED DISTRICTS
Section 1. [METROPOLITAN LOCAL WATER MANAGEMENT TASK
FORCE.]
Subdivision 1. [ESTABLISHMENT AND PURPOSE.] (a) A
metropolitan local water management task force is established to
study and prepare a report on the following issues:
(1) how to accomplish constructive public participation in
and local coordination of local water management;
(2) how to avoid excessive public costs associated with the
planning and implementation of capital improvement projects;
(3) whether adequate oversight exists of local water
management activities to assure adherence to state law and
approved watershed management plans;
(4) the procedures to be used in urbanizing areas to
maintain, repair, improve, construct, and abandon public
drainage systems;
(5) the appropriate methods for financing capital
improvement projects;
(6) whether local water management levies and bonds should
be exempt from levy limits and caps on net indebtedness;
(7) whether the metropolitan water management act has met
its original expectations; and
(8) what changes are needed in state law or the structure
of local watershed management organizations to achieve greater
consistency and stability in metropolitan watershed management
organizations.
(b) The task force shall elect a chair at its first meeting.
(c) The task force shall be given legal and technical staff
support by the board of water and soil resources. The board of
water and soil resources shall provide administrative support.
Subd. 2. [MEMBERSHIP.] The task force shall consist of:
(1) three members of the senate appointed by the majority
leader;
(2) three members of the house of representatives appointed
by the speaker;
(3) the chair and two additional members of the board of
water and soil resources appointed by the chair;
(4) the state planning commissioner or the commissioner's
designee;
(5) the commissioner of the department of natural resources
or the commissioner's designee;
(6) the commissioner of the pollution control agency or the
commissioner's designee;
(7) the chair of the metropolitan council or the chair's
designee;
(8) a member of the association of metropolitan
municipalities appointed by the chair of the board of water and
soil resources;
(9) a member of the Minnesota association of watershed
districts appointed by the chair of the board of water and soil
resources;
(10) a member of the association of Minnesota soil and
water conservation districts appointed by the chair of the board
of water and soil resources;
(11) a member representing watershed management
organizations appointed by the chair of the board of water and
soil resources;
(12) a member of the association of Minnesota counties
appointed by the chair of the board of water and soil resources;
(13) a member of the metropolitan inter-county association
appointed by the chair of the board of water and soil resources;
(14) a member representing consulting engineers appointed
by the chair of the board of water and soil resources;
(15) a member representing the reinvest in Minnesota
coalition appointed by the chair of the board of water and soil
resources; and
(16) a resident of the state interested in metropolitan
water management issues appointed by the chair of the board of
water and soil resources.
Subd. 3. [REPORT.] The task force shall prepare a report
and submit it to the governor and the legislature by December
15, 1989.
Sec. 2. [COON CREEK WATERSHED DISTRICT.]
Subdivision 1. [EXPENDITURES NOT CHARGED TO INDIVIDUAL
DITCHES.] Notwithstanding Minnesota Statutes, section 106A.725,
the Coon Creek watershed district shall not charge back to
public ditches number 11, 39, 44, 57, 58, 59, and 60 the
$143,140.94 spent prior to January 1, 1989, by the district from
its administrative fund for legal and other administrative
expenses on these ditches.
Subd. 2. [EXPENDITURES CHARGED TO INDIVIDUAL DITCHES.] The
Coon Creek watershed district may impose ad valorem tax levies
within the subwatersheds of public ditches number 11, 39, 44,
57, 59, and 60 to raise their individual proportionate shares of
the $207,169.50 needed to reimburse the district's
administrative fund for advances made prior to January 1, 1989,
to these ditch accounts for engineering expenses and maintenance
and repair work. Levies made pursuant to this subdivision may
be spread over up to five consecutive years and must be adopted
and collected in accordance with the procedure in Minnesota
Statutes, section 112.611.
Sec. 3. [LOCAL APPROVAL.]
Section 2 is effective upon approval of the Coon Creek
watershed board.
Sec. 4. [EFFECTIVE DATE.]
Section 1 is effective June 1, 1989.
ARTICLE 10
APPROPRIATION
Section 1. [APPROPRIATION.]
Subdivision 1. $13,000,000 is appropriated from the
general fund to the agencies and for the purposes indicated in
this section, to be available for the fiscal year ending June 30
in the years indicated. Any unencumbered balance remaining in
the first year does not cancel and is available for the second
year of the biennium.
1990 1991
$ $
Subd. 2. HEALTH
(a) Promulgate health risk
limits under article 1, section 8 125,000 125,000
(b) Water well management program under
article 3 540,000 1,300,000
(c) Ensure safe drinking water under
the safe drinking water act 1,410,000 1,190,000
The approved complement of the
department of health is increased by 30
positions in fiscal year 1990 and 20
additional positions in fiscal year
1991.
Subd. 3. AGRICULTURE
(a) Sustainable agriculture program 50,000 50,000
(b) Monitor water quality, provide
technical support, provide laboratory
services 225,000 225,000
The approved complement of the
department of agriculture is increased
by 37 positions, four in the general
fund and 33 in the special revenue fund.
Subd. 4. BOARD OF WATER AND SOIL
RESOURCES
(a) Comprehensive local water management 50,000 50,000
(b) Local water resources protection under
article 2 for which grants the first year
of the biennium may be made without rules 610,000 2,610,000
(c) Environmental agriculture education
under article 2, section 3 200,000 200,000
(d) Well sealing cost-share grants under
article 3, section 21 65,000 465,000
(e) Study and preparation of metropolitan
local water management task force 25,000
The approved complement of the board of
water and soil resources is increased
by three positions.
Subd. 5. LEGISLATIVE WATER
COMMISSION
General operations under article 2,
section 1 83,000 87,000
Subd. 6. NATURAL RESOURCES
(a) Develop county atlas 185,000 180,000
Priority for county atlas grants shall
be given to counties in sensitive areas.
(b) Regional groundwater assessment,
gauging, and technical assistance 950,000 650,000
$100,000 of this appropriation is to
contract with the Minnesota geological
survey to study the existence and
source of high levels of natural radium
in municipal water supplies and
alternatives to reduce levels of
natural radium in municipal water
supplies.
The approved complement of the
department of natural resources is
increased by eight positions.
Subd. 7. POLLUTION CONTROL AGENCY
(a) Develop and implement best management
practices and provide technical
assistance under article 1 125,000 125,000
(b) Integrated Groundwater Information
System 125,000 125,000
The approved complement of the
pollution control agency is increased
by five positions.
Subd. 8. STATE PLANNING AGENCY
Maintain integrated, computerized
groundwater monitoring data base
under article 1, section 7 100,000 100,000
Subd. 9. UNIVERSITY OF MINNESOTA
(a) Integrated pest management 175,000 175,000
This appropriation is intended to
provide for three positions within the
Minnesota extension service: one
assistant integrated pest management
coordinator, one agricultural
integrated pest management specialists,
and one urban integrated pest
management specialist.
(b) Research by agricultural experiment
stations on the impact of agriculture on
groundwater 150,000 150,000
Sec. 2. [APPROPRIATION AND REIMBURSEMENT.]
$1,000,000 is appropriated from the general fund to the
response and reimbursement account to be used for the purposes
of article 8. This amount must be reimbursed from the response
and reimbursement account to the general fund from revenue to
the response and reimbursement account by June 30, 1991.
Presented to the governor May 31, 1989
Signed by the governor June 2, 1989, 12:21 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes