Water discharges notice requirements modifications

A bill for an act

relating to environment; modifying notice requirements for water discharges;

amending Minnesota Statutes 2024, section 115.061.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 115.061, is amended to read:

115.061 DUTY TO NOTIFY; AVOIDING WATER POLLUTION.

(a) Except as provided in paragraph (b), it is the duty of every person to notify the agency

immediately of the discharge, accidental or otherwise, of any substance or material under

its control which, if not recovered, may cause pollution of waters of the state, and the

responsible person shall recover as rapidly and as thoroughly as possible such substance or

material and take immediately such other action as may be reasonably possible to minimize

or abate pollution of waters of the state caused thereby.

(b) Notification is not required under paragraph (a) for a discharge of five gallons or

less of petroleum, as defined in section
115C.02, subdivision 10
. This paragraph does not

affect the other requirements of paragraph (a).

(c) Promptly after notifying the agency of a discharge under paragraph (a), a publicly

owned treatment works or a publicly or privately owned domestic sewer system owner must

provide notice
new text begin
of the discharge
new text end
to
deleted text begin
the
deleted text end
potentially impacted
new text begin
downstream users, including the
new text end

public
new text begin
, Tribal governments,
new text end
and
deleted text begin
to any downstream
deleted text end
drinking water
deleted text begin
facility that may be

impacted by the discharge
deleted text end
new text begin
facilities
new text end
. Notice
deleted text begin
to the public and to any drinking water facility
deleted text end

must be made using the most efficient communications system available to the facility

owner such as in person, telephone call, radio, social media, web page, or another expedited

form. In addition, signage must be posted at all impacted public use areas within the same

jurisdiction or notification must be provided to the entity that has jurisdiction over any

impacted public use areas. A notice under this paragraph must include the date and time of

the discharge, a description of the material released, a warning of the potential public health

risk, and the permittee's contact information.

(d) The agency must provide guidance that includes but is not limited to methods and

protocols for providing timely notice under this section.