1.1    .................... moves to amend H. F. No. 3997 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 solid waste land disposal facility (1) that was
1.5not in operation prior to March 1, 2008, and (2) at which solid waste, industrial waste,
1.6hazardous waste or ash are proposed to be accepted for disposal must submit as part of
1.7the application the results of an independent laboratory analysis for major cations and
1.8anions and for tritium in water samples taken from an upgradient and downgradient well
1.9finished in the uppermost unconsolidated aquifer encountered, and an upgradient and
1.10downgradient well finished in the uppermost bedrock aquifer at the site. If 150 feet of
1.11continuous non-aquifer material is encountered above the bedrock, testing of bedrock
1.12wells is not required. If no unconsolidated or bedrock aquifers are found within the first
1.13150 feet at the site, no cation, anion or tritium testing is required.
1.14    (b) The commissioner may not issue a solid waste land disposal facility permit to an
1.15applicant whose test results for tritium required in paragraph (a) report concentrations of
1.16five tritium units or greater in any well tested, except as provided in paragraph (c).
1.17    (c) If test results report concentrations of five tritium units or greater for any well,
1.18an applicant may present to the commissioner reasons, and supporting documentation,
1.19why the 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.
2.1    For the purposes of this section, "highly sensitive to groundwater contamination"
2.2means that the travel time of water from the land surface to the water table or bedrock is
2.3less than 20 years.
2.4EFFECTIVE DATE.This section is effective the day following final enactment."