SF 1435

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the environment; modifying phosphorus reduction requirements on
wastewater treatment facilities based on need; amending Minnesota Statutes
2006, section 115.03, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 115.03, is amended by adding a
subdivision to read:

new text begin Subd. 11. new text end

new text begin Phosphorus reductions. new text end

new text begin (a) Notwithstanding any other law or rule to
the contrary, the agency shall impose phosphorus reductions on wastewater treatment
facilities only when the agency demonstrates the need for the reductions based on:
new text end

new text begin (1) the establishment of a one milligram per liter limitation for a facility that
discharges directly to a lake, shallow lake, or reservoir in accordance with agency rules;
new text end

new text begin (2) the establishment of a one milligram per liter limitation for a facility that has
been demonstrated to affect a lake, shallow lake, or reservoir in accordance with agency
rules and consistent with the procedures established in the agency's 2000 phosphorus
strategy for impact evaluations;
new text end

new text begin (3) effluent limitations derived from and consistent with a completed total maximum
daily load for an impaired water, as defined in section 114D.15, subdivision 5;
new text end

new text begin (4) establishment of an interim limitation of one milligram per liter or maintenance
of existing plant performance, whichever is more restrictive, for a facility discharging to
listed impaired waters where a total maximum daily load has not been completed and if
there is a specific demonstration that shows the existing facility discharge or any proposed
increase in facility discharge is causing or is likely to cause a significant increase in plant
growth; or
new text end

new text begin (5) where there has been no finding that a facility is causing an impairment of a listed
impaired water body, the wastewater treatment facility shall implement a phosphorus
management plan with the goal of maintaining existing loadings.
new text end

new text begin (b) In establishing any nutrient reduction requirements under paragraph (a), clauses
(3), (4), and (5), the agency shall ensure that excessive chemical, energy, and sludge
production is avoided to the degree practicable and limitations are set consistent with the
seasonal periods and conditions associated with excessive plant growth and prevention
of use impairment.
new text end

new text begin (c) For the purposes of this section, "affect" means to measurably increase the
adverse effects of phosphorus loading as determined by monitoring or modeling, including
but not limited to increase chlorophyll-a concentrations, decrease water transparency,
or increase the frequency or duration of nuisance algae blooms, from an individual
point source discharge.
new text end