1.1    .................... moves to amend H.F. No. 3997, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [115A.9175] LANDFILL; SITING.
1.4    (a) An applicant for a permit for a disposal facility that was not in operation
1.5prior to March 1, 2008, that accepts mixed municipal solid waste, industrial waste, or
1.6construction and demolition waste for disposal must submit as part of the application
1.7the results of an independent laboratory analysis for major cations and anions and for
1.8tritium in water samples taken from an upgradient and downgradient well finished in the
1.9uppermost unconsolidated aquifer encountered, and an upgradient and downgradient well
1.10finished in the uppermost bedrock aquifer at the site. If 150 feet of continuous non-aquifer
1.11material is encountered above the bedrock, testing of bedrock wells is not required. If
1.12no unconsolidated or bedrock aquifers are found within the first 150 feet at the site, no
1.13cation, anion, or tritium testing is required.
1.14    (b) The commissioner may not issue a disposal facility permit to an applicant whose
1.15test results for tritium required in paragraph (a) report concentrations of 5 tritium units or
1.16greater in any well tested, except as provided in paragraph (c).
1.17    (c) If test results report concentrations of 5 tritium units or greater for any well, an
1.18applicant may present to the commissioner reasons, and supporting documentation, why
1.19the tritium test results may not indicate that the site is highly sensitive to groundwater
1.20contamination at the site. If the commissioner determines that the applicant's reasons
1.21and supporting documentation are scientifically valid, the commissioner shall specify
1.22additional testing of groundwater samples from the site that will allow a better estimate to
1.23be made of the sensitivity of groundwater contamination at the site. If, after reviewing
1.24the additional data, the commissioner determines that the conclusion that the site is not
1.25highly sensitive to groundwater contamination is supported by a preponderance of the
1.26scientifically valid evidence available, the commissioner may issue the permit. For the
2.1purposes of this section, "highly sensitive to groundwater contamination" means that the
2.2travel time of water from the land surface to the water table or bedrock is less than 20 years.
2.3    (d) Beginning July 1, 2010, and every two years thereafter, the commissioner must
2.4review air sampling of the atmospheric concentration of tritium and adjust the tritium
2.5concentration threshold in paragraph (b) to a level no greater than one-half the average
2.6concentration of tritium in the atmosphere in this state.
2.7    (e) Paragraphs (a) to (d) do not apply to an application for a permit to expand an
2.8existing disposal facility operating as of March 1, 2008.
2.9    (f) Minnesota Rules chapter 7035.2815 apply to a disposal facility accepting
2.10industrial waste.
2.11EFFECTIVE DATE.This section is effective the day following final enactment."