SF 3272

as introduced - 89th Legislature (2015 - 2016) Posted on 05/02/2016 04:18pm

A bill for an act
relating to environment; providing incentive for certain wastewater treatment
technology; proposing coding for new law in Minnesota Statutes, chapter 115.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [115.426] INCENTIVE FOR VOLUNTARY MUNICIPAL
INVESTMENT IN NUTRIENT TREATMENT TECHNOLOGY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "biological nutrient removal system" means technology that uses microorganisms
to remove nitrogen and phosphorus from wastewater;
new text end

new text begin (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
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new text begin (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 phosphorous or nitrogen.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility; term. new text end

new text begin (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 is eligible for the regulatory certainty incentive under this
section. The commissioner of the Pollution Control Agency may provide phosphorous
and nitrogen regulatory certainty for the municipality in a national pollutant discharge
elimination system/state disposal system (NPDES/SDS) permit. Before the NPDES/SDS
permit is finalized for an eligible municipality, the commissioner must determine whether
to provide regulatory certainty. If the commissioner will provide regulatory certainty, the
commissioner and the municipality must execute an agreement recognizing the term
and requirements relating to the regulatory certainty. The agreement becomes part of
the NPDES/SDS permit.
new text end

new text begin (b) Regulatory certainty extends for a period of time up to the expected design life
of the biological nutrient removal system, not to exceed 20 years, as long as the system
is properly maintained and operated by the municipality. A municipality may receive
regulatory certainty only one time for each wastewater treatment facility. In addition to
the provisions of this section, a municipality remains subject to applicable provisions in
Minnesota Rules, chapter 7001, relating to permitting of municipal wastewater treatment
works.
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new text begin Subd. 3. new text end

new text begin Sunset. new text end

new text begin 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.
new text end