Subdivision 1. Definitions. For purposes of this section:
(1) "biological nutrient removal system" means technology that uses microorganisms to remove nitrogen and phosphorus from wastewater;
(2) "public funds" means loans, grants, or bond proceeds from the state or funds raised by the municipality through taxes, assessments, bonds, rates, or similar means; and
(3) "regulatory certainty" means that, after the initial permit issuance to authorize biological nutrient removal and for the period of time specified under subdivision 2, the agency shall not issue new permit limits for phosphorus or nitrogen.
Subd. 2. Eligibility; term. (a) A municipality that installs a biological nutrient removal system on a voluntary basis and receives public funds to construct the biological nutrient removal system or an industrial national pollutant discharge elimination system/state disposal system (NPDES/SDS) permit holder that installs a biological nutrient removal system may request the regulatory certainty incentive under this section.
(b) A municipality with an existing wastewater facility that includes treatment technology that is designed for nitrogen removal on July 1, 2016, is eligible for the regulatory certainty incentive under this section if it agrees to meet water-quality-based permit limits for phosphorus and also voluntarily accepts a nitrogen limit determined by the commissioner based on agency review of its engineering plans and specifications and its existing facilities.
(c) The commissioner of the Pollution Control Agency may provide phosphorus and nitrogen regulatory certainty for an eligible municipality or industrial permit holder in a NPDES/SDS permit. Before the NPDES/SDS permit is finalized for an eligible municipality or industrial permit holder, the commissioner must determine whether to provide regulatory certainty, based on the system's effectiveness in removing nitrogen. If the commissioner will provide regulatory certainty, the commissioner and the municipality or industrial permit holder must execute an agreement recognizing the term and requirements relating to the regulatory certainty. The agreement becomes part of the NPDES/SDS permit.
(d) Regulatory certainty extends for the expected design life of the biological nutrient removal system, or 20 years, whichever is shorter, as long as the system is properly maintained and operated by the municipality or industrial permit holder. A municipality or industrial permit holder may receive regulatory certainty only one time for each wastewater treatment facility. In addition to the provisions of this section, a municipality or industrial permit holder remains subject to applicable provisions in Minnesota Rules, chapter 7001, relating to permitting of wastewater treatment works.
Subd. 3. Sunset. Applications must not be accepted under this section after December 31, 2031, or the day following United States Environmental Protection Agency approval of a Minnesota Pollution Control Agency-adopted total nitrate-nitrogen aquatic life water quality standard, whichever occurs first. Notwithstanding this subdivision, agreements entered into under subdivision 2, paragraph (a), continue in effect for the term stated in the agreement.
2016 c 104 s 1
Structure Minnesota Statutes
Chapters 114C - 116I — Environmental Protection
Chapter 115 — Water Pollution Control; Sanitary Districts
Section 115.03 — Powers And Duties.
Section 115.035 — External Peer Review Of Water Quality Standards.
Section 115.04 — Disposal Systems And Point Sources.
Section 115.05 — Judicial Review.
Section 115.061 — Duty To Notify; Avoiding Water Pollution.
Section 115.063 — Hazardous And Radioactive Waste; Policy To Protect Potable Water.
Section 115.065 — Disposal Prohibited.
Section 115.067 — Below-grade Disposal Systems; Prohibition; Exception.
Section 115.069 — Radionuclide Pollution; High-level Nuclear Waste Depository.
Section 115.07 — Violations And Prohibitions.
Section 115.071 — Enforcement.
Section 115.072 — Recovering Litigation Costs And Expenses.
Section 115.073 — Enforcement Funding.
Section 115.075 — Information And Monitoring.
Section 115.076 — Background Of Permit Applicants.
Section 115.08 — Interpretation.
Section 115.09 — Citation; Water Pollution Control Act.
Section 115.1701 — Definitions.
Section 115.1703 — Ballast Water; Management Plan.
Section 115.1705 — Ballast Water Record Book.
Section 115.1707 — Consultation And Cooperation.
Section 115.42 — Policy; Long-range Plan; Purpose.
Section 115.425 — Noningested Sources; Phosphorus Reduction Goal.
Section 115.44 — Classification Of Waters; Standards Of Quality And Purity.
Section 115.449 — Public Wastewater Treatment Facilities; Proposal Requirements.
Section 115.455 — Effluent Limitations; Compliance.
Section 115.456 — Compliance Schedules.
Section 115.46 — Taxation By Municipality.
Section 115.48 — Agency Assuming Power.
Section 115.49 — Cooperation Between Municipalities; Contracts.
Section 115.50 — Towns; Powers To Act.
Section 115.51 — Enforcing Contracts Between Municipalities.
Section 115.52 — Severability.
Section 115.53 — Modifying Classification Or Standards.
Section 115.542 — Notice Requirements For Publicly Owned Wastewater Treatment Facilities.
Section 115.55 — Subsurface Sewage Treatment Systems.
Section 115.56 — Mandatory Licensing Program.
Section 115.57 — Loan Program; Subsurface Sewage Treatment Systems And Wells.
Section 115.58 — Alternative Discharging Sewage Systems; General Permits.
Section 115.61 — Authority Of District.
Section 115.62 — Board; Membership; Term; Quorum; Officers; Compensation.
Section 115.63 — Manager Authority; Employees.
Section 115.64 — Acquiring Property.
Section 115.65 — Purpose; Duties Of District; Annexing Territory.
Section 115.66 — Severability.
Section 115.73 — Certification Required.