The Groundwater Protection Rule has been approved by an Administrative Law Judge through two orders:
- October 1, 2018, Report on the Groundwater Protection Rule from the Administrative Law Judge (ALJ)
- November 29, 2018, Chief Administrative Law Judge's Report on the Groundwater Protection Rule
Steps for Rule Adoption
Minnesota Agriculture Commissioner Thom Petersen signed the Groundwater Protection Rule on Tuesday, May 28, 2019 and sent the Order Adopting Rules to the Office of Administrative Hearings (OAH).
This action begins the final steps for the Groundwater Protection Rule to be fully adopted. Listed below are the remaining steps in the process:
- OAH will contact the Revisor’s office to obtain the final version of the Rule. The Revisor will send the Rule to both OAH and the MDA.
- OAH will file the Rule with the Secretary of State, at this time the MDA must notify those that requested notification at the Rule Hearings by email.
- The Governor will have a 14 day veto period that begins after receiving the Rule from the Secretary of State. The veto period can be shortened if the Governor indicates that he will not veto the Rule. That can be accomplished by the Governor’s staff sending an email to the MDA Commissioner stating that the Governor does not intend to veto the Rule.
- The MDA will work with the State Register to publish the Notice of Adoption. There is a week lead time to publish in the State Register. Five days after the Rule is published, Part 2 of the Rule will be effective.
- The Rule states that Part 1 is not effective until January 1, 2020.
- No regulatory action under Part 2 of the Rule would happen until a minimum of 3 years after the Rule becomes effective.
Documents Provided and Received by the MDA through the Rulemaking Process
A comment period was open from April 30 to August 22, 2018. The comment period was conducted by an ALJ and all comments were submitted to the OAH. During this time five public hearings were held around the state. Over 3,000 comments were submitted during the comment period. There were 92 written comments, 40 people testified at five rule hearings and over 2,900 form letters were submitted to OAH. There were an additional six comments submitted during the rebuttal period.
Comments submitted during the comment period can be viewed on OAH's rulemaking website.
Comments submitted during the rebuttal period can also be viewed on the OAH's rulemaking website.
- Groundwater Protection Rule (PDF)*
- Statement of Need and Reasonableness (SONAR) (PDF)*
- SONAR Appendixes (PDF)
- Proposed Rule Changes Summary and Supplemental Text to the SONAR (PDF)
- MDA's Rebuttal Response to Comments
*A number of web addresses in the SONAR and the proposed rule have recently changed. Please view the Updated Links (PDF) to access the references listed.
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