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Two women sit in a paddle boat on a lake. One woman holds a clipboard while another leans out of the boat.
Bonnie Juran, 74, leans over to check the water-level gauge at Klawitter Pond in Lake Elmo on June 3, 2018; Next to her, Haley Jostes, 17, records the information. Lake Elmo is over-pumping its allotted water due to a combination of an increase in population and rejected permits for more water from the DNR. (Bob Shaw / Pioneer Press)
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A well in Cimarron Mobile Home Park was identified last week to contain PFAS, a family of “forever chemicals,” putting more pressure on Lake Elmo’s already strained water-appropriation limits.

The city of Lake Elmo is in its fourth year of overpumping its water-appropriation limit, said City Administrator Kristina Handt. As another well is discovered to have PFAS contamination, Handt said the city is hesitant to add more residents to its water supply that is already over its limits and at risk of being fined by the Minnesota Department of Natural Resources to the tune of $40,000 per violation.

Under the current permits, Lake Elmo is allowed to pump 260 million gallons of water per year, but Handt said the city reaches that threshold by mid-summer due to its population increasing by 50% since the permit was established in 2014.

Lake Elmo is the fastest-growing city in the state, said state Sen. Judy Seeberger, a Democrat who represents the city. At one point, Lake Elmo wanted to retain its rural feel, Seeberger said, but the Metropolitan Council ordered the city to grow.

“Last year, we pumped 400 million gallons; there is no way with our growth … that we will ever get to that 260 million gallons,” Handt said, noting the city has done what it can to implement irrigation regulations and topsoil requirements to lower the water usage.

PFAS

Per- and polyfluoroalkyl substances, known as PFAS, do not break down in the environment and can build up in the human body, according to the Minnesota Department of Health. Long-term exposure to the chemicals can result in immune suppression and changes in liver function, according to the state.

3M Co., a Maplewood-based manufacturer, began making PFAS for use in products like non-stick pans and historically disposed of PFAS waste in the east metro, leading to contamination of the groundwater in Washington County. 3M announced in December that it plans to stop producing PFAS by the end of 2025.

Handt said one city well was found to have trace amounts of PFAS and is not currently being used. The other two city wells are operational and not impacted by PFAS.

Development on pause

In April, a year-long moratorium on new developments that was put in place as a result of the limited water appropriations expired, Handt said, despite there not being a solution to the water problem.

Although the moratorium expired, the city is still not approving new developments until June, Handt said, in hopes the Legislature will provide a resolution. Paused projects include a day care center, multi-family housing and industrial business parks, Handt said.

Vali-Hi Drive-In Theater, which was closed last summer, is another potential development project that is in flux, despite having its own private well. A developer is looking at turning the area into a business park, Handt said, but it’s also on hold.

However, should the theater reopen, Handt said she is not aware of any reports of contamination in its well.

Possible solutions

One potential short-term solution in sight is a bill on the Minnesota Senate floor (SF 2047). The bill is authored by Seeberger and would allow the DNR to approve the city’s requested water-appropriation limit of around 540 million gallons per year.

The city has put forth this request twice already, Handt said, and been denied due to an upheld Minnesota Supreme Court ruling that put restrictions on water permits within five miles of White Bear Lake.

“Lake Elmo has been put in this really terrible position, not of its own making,” said Seeberger. “(The city) can’t drill a well where it knows there is clean water in order to supply the needs of their city because of the ruling in the White Bear Lake case.”

If the bill is passed, Seeberger said it would be a temporary solution to give “some breathing room” to the DNR.

“The DNR is not currently pursuing any penalties with the city of Lake Elmo and we will continue to work closely with Lake Elmo and other communities in the area to identify solutions to these regional issues, ” said Randall Doneen, conservation assistance and regulations section manager for the DNR, in a statement. If the proposed legislation were to pass, it would “provide the DNR authority to consider an increase in water appropriation for Lake Elmo,” he wrote.

“The intent is not to give a permanent pass to Lake Elmo, but to provide a temporary relief so the mandated development can continue and a long-term solution can be found,” Seeberger said.

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