Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 392-H.F.No. 887 
           An act relating to environment; creating the clean 
          water partnership program for the control of nonpoint 
          source water pollution and providing for 
          administration by the pollution control agency; 
          requiring a state water quality assessment; 
          authorizing technical and financial assistance to 
          local governments; authorizing rulemaking; 
          appropriating money; proposing coding for new law in 
          Minnesota Statutes, chapter 115. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [115.091] [CITATION.] 
    Sections 1 to 12 may be cited as the "Minnesota clean water 
partnership act." 
    Sec. 2.  [115.092] [PURPOSE.] 
    (a) It is the purpose of the legislature in enacting the 
Minnesota clean water partnership act to protect and improve 
surface and ground water in Minnesota, through financial and 
technical assistance to local units of government to control 
water pollution associated with land use and land management 
activities. 
    (b) It is also the purpose of the legislature to: 
    (1) identify water quality problems and their causes; 
    (2) direct technical and financial resources to resolve 
water quality problems and to abate their causes; 
    (3) provide technical and financial resources to local 
units of government for implementation of water quality 
protection and improvement projects; 
    (4) coordinate a nonpoint source pollution control program 
with elements of the existing state water quality program and 
other existing resource management programs; and 
     (5) provide a legal basis for state implementation of 
federal laws controlling nonpoint source water pollution. 
    Sec. 3.  [115.093] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 1 to 12.  
    Subd. 2.  [AGENCY.] "Agency" means the pollution control 
agency. 
    Subd. 3.  [BEST MANAGEMENT PRACTICES.] "Best management 
practices" means practices, techniques, and measures, that 
prevent or reduce water pollution from nonpoint sources by using 
the most effective and practicable means of achieving water 
quality goals.  Best management practices include, but are not 
limited to, official controls, structural and nonstructural 
controls, and operation and maintenance procedures.  
    Subd. 4.  [DIRECTOR.] "Director" means the director of the 
pollution control agency. 
    Subd. 5.  [LOCAL UNIT OF GOVERNMENT.] "Local unit of 
government" means a statutory or home rule charter city, town, 
county, soil and water conservation district, watershed 
district, an organization formed for the joint exercise of 
powers under section 471.59, and any other special purpose 
district or authority exercising authority in water and related 
land resources management at the local level.  
    Subd. 6.  [NONPOINT SOURCE.] "Nonpoint source" is a land 
management activity or land use activity that contributes or may 
contribute to ground and surface water pollution as a result of 
runoff, seepage, or percolation and that is not defined as a 
point source in section 115.01, subdivision 15.  Nonpoint 
sources include, but are not limited to rural and urban land 
management activities and land use activities and specialty land 
use activities such as transporation. 
    Subd. 7.  [OFFICIAL CONTROLS.] "Official controls" means 
ordinances and regulations that control the physical development 
of the whole or part of a local government unit or that 
implement the general objectives of the local government unit. 
    Subd. 8.  [PROJECT.] "Project" means the diagnostic study 
of water pollution caused by nonpoint sources of water 
pollution, a plan to implement best management practices, and 
the physical features constructed or actions taken by a local 
unit of government to implement best management practices. 
    Subd. 9.  [WATER POLLUTION.] "Water pollution" means water 
pollution as defined in section 115.01, subdivision 5. 
    Subd. 10.  [WATERS OF THE STATE.] "Waters of the state" 
means waters as defined in section 115.01, subdivision 9. 
    Sec. 4.  [115.094] [CLEAN WATER PARTNERSHIP PROGRAM 
ESTABLISHED.] 
    A clean water partnership program is established as 
provided in sections 1 to 12.  The agency shall administer the 
program in accordance with those sections.  As a basis for the 
program, the agency and the metropolitan council shall conduct 
an assessment of waters in accordance with section 5.  The 
agency shall then provide financial and technical assistance in 
accordance with section 6 to local units of government for 
projects in geographical areas that contribute to surface or 
ground water flows.  The projects shall provide for protection 
and improvement of surface and ground water from nonpoint 
sources of water pollution. 
    Sec. 5.  [115.095] [STATEWIDE RESOURCE ASSESSMENT.] 
    The agency shall conduct an assessment of waters of the 
state that have been polluted by nonpoint sources and of 
geographical areas with waters of the state that have a high 
potential for water pollution caused by nonpoint sources.  The 
metropolitan council shall conduct the assessment in the 
metropolitan area, as defined in section 473.121, subdivision 2, 
in cooperation with the agency.  The assessment shall be 
completed by July 1, 1988. 
    Sec. 6.  [115.096] [FINANCIAL AND TECHNICAL ASSISTANCE; 
ELIGIBILITY.] 
    Subdivision 1.  [FINANCIAL ASSISTANCE.] The agency may 
award grants for up to 50 percent of the eligible cost for (1) 
the development of a diagnostic study and implementation plan, 
and (2) the implementation of that plan.  The agency shall 
determine which costs are eligible costs and grants shall be 
made and used only for eligible costs. 
    Subd. 2.  [TECHNICAL ASSISTANCE.] The agency may provide 
technical assistance to local units of government in order to 
ensure efficient and effective development and implementation of 
projects and coordination of projects with other water 
management activities. 
    Sec. 7.  [115.097] [ELIGIBILITY FOR ASSISTANCE.] 
    Subdivision 1.  [GENERALLY.] To be eligible for the 
financial or technical assistance or both as provided in section 
6, a local unit of government applying for assistance must (1) 
have authority to coordinate and enter into contracts with 
local, state, and federal agencies and private organizations, 
raise funds, and adopt and enforce official controls; and (2) 
provide the agency with those documents required in subdivision 
2.  
    Subd. 2.  [DOCUMENTS REQUIRED.] (a) An applicant for 
assistance shall submit the following to the agency: 
    (1) an application form as prescribed by the agency; 
     (2) evidence that the applicant has consulted with the 
local soil and water conservation districts and watershed 
districts, where they exist, in preparing the application; and 
    (3) one of the following documents: 
    (i) the comprehensive water plan authorized under chapter 
110B; 
    (ii) a surface water management plan required under section 
473.878; 
    (iii) an overall plan required under chapter 112; or 
    (iv) any other local plan that provides an inventory of 
existing physical and hydrologic information on the area, a 
general identification of water quality problems and goals, and 
that demonstrates a local commitment to water quality protection 
or improvement.  After July 1, 1991, only projects that are a 
part of, or are responsive to, a local water plan under chapters 
110B, 112, or sections 473.875 to 473.883 will be eligible under 
this clause. 
    (b) The document submitted in compliance with paragraph 
(a), clause (2) must identify existing and potential nonpoint 
source water pollution problems and must recognize the need and 
demonstrate the applicant's commitment to abate or prevent water 
pollution from nonpoint sources in the geographic areas for 
which the application is submitted. 
    Sec. 8.  [115.098] [AGENCY REVIEW OF APPLICATIONS; RANKING 
OF PROJECTS.] 
    The agency shall rank applications for technical and 
financial assistance in order of priority and shall, within the 
limits of available appropriations, grant those applications 
having the highest priority.  The agency shall by rule adopt 
appropriate criteria to determine the priority of projects.  
    The criteria shall give the highest priority to projects 
that best demonstrate compliance with the following objectives: 
    (a) The project demonstrates participation, coordination, 
and cooperation between local units of government and other 
public agencies, including soil and water conservation districts 
or watershed districts, or both those districts. 
    (b) The degree of water quality improvement or protection 
is maximized relative to the cost of implementing the best 
management practices. 
    (c) Best management practices provide a feasible means to 
abate or prevent nonpoint source water pollution. 
    (d) The project goals and objectives are consistent with 
the state water quality management plans, the statewide resource 
assessment conducted under section 5, and other applicable state 
and local resource management programs. 
    Sec. 9.  [115.099] [PLAN IMPLEMENTATION.] 
    Subdivision 1.  [IMPLEMENTATION ACCORDING TO LAW AND 
CONTRACT.] A local unit of government receiving technical or 
financial assistance or both from the agency shall carry out the 
implementation plan approved by the agency according to the 
terms of that plan, any contract or grant agreement made with 
the agency and according to sections 1 to 12, the rules of the 
agency, and applicable federal requirements. 
    Subd. 2.  [REVIEW BY AGENCY.] The director or the 
director's designee may, at any reasonable time, inspect any 
project and review the expenditure of financial assistance funds 
granted by the agency in order to determine whether the local 
unit of government has complied with subdivision 1. 
    Subd. 3.  [ENFORCEMENT OF AGREEMENTS.] The agency may bring 
a civil action in district court to recover from a local 
governmental unit any financial assistance funds used in 
violation of subdivision 1. 
    Sec. 10.  [115.10] [RULES.] 
    The agency shall adopt permanent rules necessary to 
implement sections 1 to 12.  The rules shall contain at a 
minimum: 
    (1) procedures to be followed by local units of government 
in applying for technical or financial assistance or both; 
    (2) conditions for the administration of assistance; 
    (3) procedures for the development, evaluation, and 
implementation of best management practices; 
    (4) requirements for a diagnostic study and implementation 
plan; 
    (5) criteria for the evaluation and approval of a 
diagnostic study and implementation plan; 
    (6) criteria for the evaluation of best management 
practices; 
    (7) criteria for the ranking of projects in order of 
priority for assistance; 
    (8) criteria for defining and evaluating eligible costs and 
cost-sharing by local units of government applying for 
assistance; and 
    (9) other matters as the agency and the director find 
necessary for the proper administration of sections 1 to 12, 
including any rules determined by the director to be necessary 
for the implementation of federal programs to control nonpoint 
source water pollution.  
    Sec. 11.  [115.101] [NONPOINT SOURCE POLLUTION CONTROL PLAN 
AND PROGRAM EVALUATION.] 
    For the purpose of coordinating the programs and activities 
used to control nonpoint sources of pollution to achieve 
Minnesota's water quality goals, the agency shall: 
    (1) develop a state plan for the control of nonpoint source 
water pollution in order to meet the requirements of the federal 
Clean Water Act; 
    (2) work through the environmental quality board to 
coordinate the activities and programs of federal, state, and 
local agencies involved in nonpoint source pollution control 
and, where appropriate, develop agreements with federal and 
state agencies to accomplish the purposes and objectives of the 
state nonpoint source pollution control plan; and 
    (3) evaluate the effectiveness of programs in achieving 
water quality goals and recommend to the legislature, under 
section 3.195, subdivision 1, any necessary amendments to 
sections 1 to 12. 
    Sec. 12.  [115.102] [INTEGRATION OF DATA.] 
    The data collected for the activities of the clean water 
partnership program that have common value for natural resource 
planning must be provided and integrated into the Minnesota land 
management information system's geographic and summary data 
bases according to published data compatibility guidelines.  
Costs associated with this data delivery must be borne by this 
activity. 
    Sec. 13.  [115.103] [PUBLIC AGENCY COORDINATION.] 
    Subdivision 1.  [PROJECT COORDINATION TEAM; 
MEMBERSHIP.] The director shall establish and chair a project 
coordination team made up of representatives of the pollution 
control agency, department of natural resources, soil and water 
conservation board, department of agriculture, department of 
health, state planning agency, Minnesota extension service, 
University of Minnesota agricultural experiment stations, United 
States Army Corps of Engineers, United States Environmental 
Protection Agency, United States Department of Agriculture 
Agricultural Stabilization and Conservation Service, United 
States Department of Agriculture Soil Conservation Service, 
water resources board, metropolitan council, Association of 
Minnesota Counties, League of Minnesota Cities, Minnesota 
Association of Townships, and other agencies as the director may 
determine. 
    Subd. 2.  [DUTIES.] The project coordination team shall 
advise the agency in preparation of rules, evaluate projects, 
and recommend to the director those projects that the team 
believes should receive financial or technical assistance or 
both from the agency.  After approval of assistance for a 
project by the agency, the team shall review project activities 
and assist in the coordination of the state program with other 
state and federal resource management programs. 
    Sec. 14.  [APPROPRIATION AND COMPLEMENT.] 
    Subdivision 1.  The following amounts are appropriated from 
the water pollution control fund to the pollution control agency:
                                           1988        1989 
     (a) For administration and 
         contractual services              $299,500    $348,000
    (b) $1,352,500 for grants to local units of government 
under section 5.  This amount is available until expended. 
    Subd. 2.  The complement of the pollution control agency is 
increased by four positions. 
    Approved June 3, 1987