DEPARTMENT: Environmental Resources
FILE TYPE: Consent Action
TITLE
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Authorization To Amend Joint Powers Agreement With Scott And Washington Counties For South Metro Private Well Pesticide Mitigation Program
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PURPOSE/ACTION REQUESTED
Authorize amendment of the joint powers agreement (JPA) between Dakota, Scott, and Washington counties for the South Metro Private Well Pesticide Mitigation Program (Program). The purpose of the JPA amendment is to allow the Dakota County Authorized Representative the flexibility to reallocate pesticide mitigation funding between the counties, as needed.
SUMMARY
The Minnesota Department of Agriculture (MDA) and Dakota County identified private drinking water wells in Dakota, Scott, and Washington counties exceeding the Minnesota Department of Health-established Health Risk Limits (HRL) for total cyanazine. In 2024, MDA identified a total of 105 wells in Dakota, Scott, and Washington counties as exceeding the total cyanazine (cyanazine and cyanazine breakdown products) concentrations at or above the HRL of one microgram per liter (μg/L). As of July 2025, the total number of identified wells impacted has increased to 152 private wells serving 168 residences. MDA monitoring is continuing in these counties, and the number of impacted wells is expected to grow as previously untested wells are being identified and evaluated each year. Since cyanazine has not been used in Minnesota for over 20 years (registration ended in 2002), it is anticipated that concentrations in groundwater will begin to decline eventually.
The MDA provided funding for pesticide mitigation to cover 100 percent cost-share to households with a private well equal to or exceeding the total cyanazine, or other established pesticide HRL. By Resolution No. 24-428, the Dakota County Board of Commissioners authorized Dakota County to execute agreements with the MDA and Scott and Washington counties to act as the fiscal lead agency to receive funding from MDA and reimburse Scott and Washington counties for expenditures per the JPA. Pesticide mitigation funding expires June 30, 2026.
The allotment from MDA was $161,200, divided into the task categories shown in the table below:
|
Task |
Description |
Estimated Amount |
|
Pesticide Mitigation |
Reverse osmosis (RO) system purchase and installation |
$135,700 |
|
Administration - Dakota County |
Coordinating with partners, identifying eligible wells, coordinating water treatment contractors, and general project outreach and technical assistance activities |
$7,500 |
|
County Coordination |
Project outreach and technical assistance activities for Dakota, Scott, and Washington counties at $6,000 each |
$18,000 |
|
|
Total |
$161,200 |
The initial JPA between Dakota, Scott, and Washington counties distributed the $135,700 pesticide mitigation amount based on estimated wells exceeding cyanazine HRLs in each county. As of July 2025, approximately $62,183 has been expended for the purchase and installation of RO water treatment systems.
|
County |
Number of wells exceeding HRL (September 2024) |
Number of wells exceeding HRL (July 2025) |
Initial Pesticide Mitigation JPA Allocation |
Funding Expended |
|
Dakota |
59 (56%) |
75 (49%) |
$76,000 |
$23,982 |
|
Scott |
19 (18%) |
29 (19%) |
$24,400 |
$12,300 |
|
Washington |
27 (26%) |
48 (32%) |
$35,300 |
$25,901 |
|
Total |
105 |
152 |
$135,700 |
$62,183 |
Since the execution of the JPA in September 2024, MDA and counties have conducted multiple rounds of outreach to private well owners. Redistribution of pesticide mitigation funding between the counties is required to meet treatment needs due to MDA identifying additional wells impacted by cyanazine; some wells were identified as serving more than one residence, some residences already have effective RO treatment, and many eligible well owners have been non-responsive to outreach.
The proposed amendment will allow the Dakota County Authorized Representative the flexibility to redistribute pesticide mitigation funding between counties based on the following considerations:
• Annual MDA pesticide sampling results and identified eligible wells/households.
• Eligible well owner response to state and county outreach efforts.
• Treatment needs with priority given to (1) wells with total cyanazine concentrations over the acute HRL of 3 µg/L; (2) wells with total cyanazine concentrations over the chronic HRL of 1 µg/L; and (3) households that do not already have an effective RO water treatment system.
• Remaining available funds.
RECOMMENDATION
recommendation
Staff recommends authorization to amend the JPA with Scott and Washington counties.
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EXPLANATION OF FISCAL/FTE IMPACTS
There are no impacts to the Environmental Resources Department Operations Budget. The JPA amendment will allow reduction in the amount allocated to Dakota County for pesticide mitigation (RO system purchase and installation). No changes are proposed to Dakota County allocations for staff time to support Program administration and coordination.
☐ None ☐ Current budget ☒ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, the Minnesota Department of Agriculture (MDA) and Dakota County have identified private drinking water wells in Dakota, Scott, and Washington Counties that have exceeded the Minnesota Department of Health-established Health Risk Limits (HRL) for total cyanazine; and
WHEREAS, in response, MDA provided funding for pesticide mitigation to cover 100 percent cost-share to households with a private well equal to or exceeding the total cyanazine, or other established pesticide HRL; and
WHEREAS, by Resolution No. 24-428 (August 27, 2024), the Dakota County Board of Commissioners authorized Dakota County to enter into agreements with the MDA and Scott and Washington counties to act as the fiscal lead agency to receive funding from MDA and reimburse Scott and Washington counties for expenditures per the joint powers agreement (JPA); and
WHEREAS, pesticide mitigation funding expires June 30, 2026; and
WHEREAS, since the execution of the JPA in September 2024, MDA and counties have conducted multiple rounds of outreach to private well owners, and MDA has identified additional households that need treatment based on 2024 sampling efforts; and
WHEREAS, redistribution of funding between counties is required to meet water treatment needs; and
WHEREAS, the proposed amendment will allow the Dakota County Authorized Representative flexibility to redistribute pesticide mitigation funding between counties based on (1) annual MDA pesticide sampling results; (2) eligible well owner response to state and county outreach efforts; (3) treatment need priorities identified in the JPA; and (4) remaining available funds.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Division Director to amend the joint powers agreement with Scott and Washington counties, substantially as presented to the County Board on August 26, 2025, subject to approval by the County Attorney’s Office as to form.
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PREVIOUS BOARD ACTION
24-428; 8/27/24
ATTACHMENTS
Attachment: Amended JPA with Scott and Washington counties
BOARD GOALS
☒ Thriving People ☒ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
CONTACT
Department Head: Nikki Stewart
Author: Valerie Neppl