SF 3272

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/18/2016 10:15am

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
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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 phosphorus 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 that installs a biological
nutrient removal system may request the regulatory certainty incentive under this section.
new text end

new text begin (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 they agree to meet water quality-based
permit limits for phosphorus and also voluntarily accept a nitrogen limit determined by
the commissioner based on agency review of their engineering plans and specifications
and their existing facilities.
new text end

new text begin (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.
new text end

new text begin (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.
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