HF 3409

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/11/2016 02:59pm

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 OR
INDUSTRIAL 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
new text end

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 or an industrial national pollutant discharge elimination
system/state disposal system (NPDES/SDS) permit holder 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 or
industrial permit holder in an 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. 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.
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 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 municipal wastewater treatment
works.
new text end

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