1.1                          A bill for an act 
  1.2             relating to water quality standards; implementing 
  1.3             various changes to Minnesota Rules, chapter 7050; 
  1.4             amending Minnesota Rules, parts 7050.0210, subpart 7; 
  1.5             7050.0211, subpart 1; and 7050.0222, subparts 1, 5, 
  1.6             and by adding a subpart. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Rules, part 7050.0210, subpart 7, is 
  1.9   amended to read: 
  1.10     Subp. 7.  <b>Minimum stream flow.</b>  Dischargers of sewage, 
  1.11  industrial waste, or other wastes shall be controlled so that 
  1.12  the water quality standards will be maintained at all stream 
  1.13  flows which are equal to or exceeded by 90 percent of the seven 
  1.14  consecutive daily average flows of record (the lowest weekly 
  1.15  flow with a once in ten-year recurrence interval) for the 
  1.16  critical month(s), except that the standard for ammonia shall be 
  1.17  maintained at all stream flows which are equal to or exceeded by 
  1.18  90 percent of the 30 consecutive daily average flows of record 
  1.19  (the lowest monthly flow with a once in ten-year recurrence 
  1.20  interval for the critical month(s).  The period of record for 
  1.21  determining the specific flow for the stated recurrence 
  1.22  interval, where records are available, shall include at least 
  1.23  the most recent ten years of record, including flow records 
  1.24  obtained after establishment of flow regulation devices, if 
  1.25  any.  The calculations shall not be applied to lakes and their 
  1.26  embayments which have no comparable flow recurrence interval.  
  2.1   Where stream flow records are not available, the flow may be 
  2.2   estimated on the basis of available information on the watershed 
  2.3   characteristics, precipitation, run-off, and other relevant data.
  2.4      Allowance shall not be made in the design of treatment 
  2.5   works for low stream flow augmentation unless the flow 
  2.6   augmentation of minimum flow is dependable and controlled under 
  2.7   applicable laws or regulations. 
  2.8      Sec. 2.  Minnesota Rules, part 7050.0211, subpart 1, is 
  2.9   amended to read: 
  2.10     Subpart 1.  <b>Minimum secondary treatment for municipal point</b> 
  2.11  <b>source and other point source dischargers of sewage.</b>  It is 
  2.12  established that the agency shall require secondary treatment as 
  2.13  a minimum for all municipal point source dischargers and other 
  2.14  point source dischargers of sewage.  For purposes of this part, 
  2.15  municipal has the adjective meaning of municipality as defined 
  2.16  in part 7001.1020, subpart 18.  Secondary treatment facilities 
  2.17  are defined as works which will provide effective sedimentation, 
  2.18  biochemical oxidation, and disinfection, or the equivalent, 
  2.19  including effluents conforming to the following: 
  2.20   Substance or Characteristic      Limiting Concentration or Range*
 
  2.22   Five-day carbonaceous
  2.23     biochemical oxygen demand*     25 milligrams per liter
 
  2.25   Fecal coliform group             200 organisms per
  2.26     organisms ***                    100 milliliters
 
  2.28   Total suspended solids*          30 milligrams per liter
 
  2.30   Oil                              Essentially free of visible oil
 
  2.32   Phosphorus**                     1 milligram per liter
 
  2.34   pH range                         6.0 - 9.0
 
  2.36   Toxic or                         Concentrations of toxic
  2.37     corrosive pollutants             or corrosive pollutants
  2.38                                      shall not cause acute
  2.39                                      toxicity to humans or
  2.40                                      other animals or plant
  2.41                                      life or directly damage
  2.42                                      real property or exceed
  2.43                                      the final acute value
  2.44                                      unless the effluent satisfies
  2.45                                      the whole effluent toxicity
  2.46                                      test below.  If a whole
  2.47                                      effluent toxicity test
  2.48                                      performed on the effluent
  2.49                                      results in less than 50
  2.50                                      percent mortality of the
  2.51                                      test organisms, the effluent
  2.52                                      will not be considered
  3.1                                       acutely toxic unless the
  3.2                                       commissioner finds that the
  3.3                                       test species do not represent
  3.4                                       sensitive organisms in the
  3.5                                       affected surface water body
  3.6                                       or the whole effluent test
  3.7                                       was performed on a sample
  3.8                                       not representative of the
  3.9                                       effluent quality.  The final
  3.10                                      acute value and whole effluent
  3.11                                      toxicity test are defined
  3.12                                      in part 7050.0218, subpart 3,
  3.13                                      items O and HH,
  3.14                                      respectively.
  3.15     *The arithmetic mean for concentrations of five-day 
  3.16  carbonaceous biochemical oxygen demand and total suspended 
  3.17  solids shall not exceed the stated values in any calendar 
  3.18  month.  In any calendar week, the arithmetic mean for 
  3.19  concentrations of five-day carbonaceous biochemical oxygen 
  3.20  demand shall not exceed 40 milligrams per liter and total 
  3.21  suspended solids shall not exceed 45 milligrams per liter. 
  3.22     **Where the discharge of effluent is directly to or affects 
  3.23  a lake or reservoir, phosphorus removal to one milligram per 
  3.24  liter shall be required.  The arithmetic mean shall not exceed 
  3.25  the stated value in any calendar ~~month~~ segment up to one year.  
  3.26  In addition, removal of nutrients from all wastes shall be 
  3.27  provided to the fullest practicable extent wherever sources of 
  3.28  nutrients are considered to be actually or potentially 
  3.29  detrimental to preservation or enhancement of the designated 
  3.30  water uses.  Dischargers required to control nutrients by this 
  3.31  subpart are subject to the variance provisions of part 7050.0190.
  3.32     ***Disinfection of wastewater effluents to reduce the 
  3.33  levels of fecal coliform organisms to the stated value is 
  3.34  required from ~~March~~ April 1 through October 31 (Class 2 waters) 
  3.35  and May 1 through October 31 (Class 7 waters) except that where 
  3.36  the effluent is discharged 25 miles or less upstream of a water 
  3.37  intake supplying a potable water system, the reduction to the 
  3.38  stated value is required year around.  The stated value is not 
  3.39  to be exceeded in any calendar month as determined by the 
  3.40  geometric mean of all the samples collected in a given calendar 
  3.41  month.  The application of the fecal coliform group organism 
  3.42  standards shall be limited to sewage or other effluents 
  3.43  containing admixtures of sewage and shall not apply to 
  4.1   industrial wastes except where the presence of sewage, fecal 
  4.2   coliform organisms, or viable pathogenic organisms in such 
  4.3   wastes is known or reasonably certain.  Analysis of samples for 
  4.4   fecal coliform group organisms by either the multiple tube 
  4.5   fermentation or the membrane filter techniques is acceptable. 
  4.6      Sec. 3.  Minnesota Rules, part 7050.0222, subpart 1, is 
  4.7   amended to read: 
  4.8      Subpart 1.  <b>General.</b>  The numerical and narrative water 
  4.9   quality standards in this part prescribe the qualities or 
  4.10  properties of the waters of the state that are necessary for the 
  4.11  aquatic life and recreation designated public uses and 
  4.12  benefits.  If the standards in this part are exceeded in waters 
  4.13  of the state that have the Class 2 designation, it is considered 
  4.14  indicative of a polluted condition which is actually or 
  4.15  potentially deleterious, harmful, detrimental, or injurious with 
  4.16  respect to the designated uses.  Standards for metals are 
  4.17  expressed as total metal but must be converted to dissolved 
  4.18  metal standards which must be applied to determine water quality 
  4.19  based effluent limits.  Water quality based effluent limits for 
  4.20  metals are expressed as total metal.  Conversion factors for 
  4.21  converting total to dissolved metal standards are listed in 
  4.22  subpart 9.  The conversion factor for metal standards not listed 
  4.23  in subpart 9, is one.  The dissolved metal standard equals the 
  4.24  total metal standard times the conversion factor. 
  4.25     Sec. 4.  Minnesota Rules, part 7050.0222, subpart 5, is 
  4.26  amended to read: 
  4.27     Subp. 5.  <b>Class 2C waters.</b>  The quality of Class 2C surface 
  4.28  waters shall be such as to permit the propagation and 
  4.29  maintenance of a healthy community of indigenous fish and 
  4.30  associated aquatic life, and their habitats.  These waters shall 
  4.31  be suitable for boating and other forms of aquatic recreation 
  4.32  for which the waters may be usable.  The standards for Class 2B 
  4.33  waters listed in subpart 4 shall apply to these waters except as 
  4.34  listed below: 
  4.35   Substance or Characteristic      Class 2C Standard
  4.36                              CS           MS          FAV
 
  5.1    Dissolved oxygen mg/l      5 as a       none        none
  5.2                               daily
  5.3                               minimum
  5.4      This standard applies to all Class 2 waters except for the 
  5.5      reach of the Mississippi River from the outlet of the metro 
  5.6      wastewater treatment works in Saint Paul (River Mile 835) 
  5.7      to Lock and Dam No. 2 at Hastings (River Mile 815) and 
  5.8      except for the reach of the Minnesota River from the outlet 
  5.9      of the Blue Lake wastewater treatment works (River Mile 21) 
  5.10     to the mouth at Fort Snelling.  For this reach of the 
  5.11     Mississippi River the standard is not less than five 
  5.12     milligrams per liter as a daily average from April 1 
  5.13     through November 30, and not less than four milligrams per 
  5.14     liter at other times.  For the specified reach of the 
  5.15     Minnesota River the standard shall be not less than five 
  5.16     milligrams per liter as a daily average year-round.  
  5.17     This dissolved oxygen standard requires compliance with the 
  5.18     standard 50 percent of the days at which the flow of the 
  5.19     receiving water is equal to the lowest weekly flow with a 
  5.20     once in ten year recurrence interval (7Q10), except that, 
  5.21     on a site-specific basis in accordance with part 7050.0222, 
  5.22     subpart 8, the listed daily minimum standard of five 
  5.23     milligrams per liter may be modified to allow for a 
  5.24     combined standard of five milligrams per liter daily 
  5.25     average and four milligrams per liter daily minimum during 
  5.26     those times of the year when no dissolved oxygen-sensitive 
  5.27     early life stages of warm water fish are present in the 
  5.28     receiving water. 
  5.29   Temperature
  5.30     5<a>:</a>F above natural in streams and 3<a>:</a>F above natural in 
  5.31     lakes, based on monthly average of the maximum daily 
  5.32     temperature, except in no case shall it exceed the daily 
  5.33     average temperature of 90<a>:</a>F. 
  5.34     Sec. 5.  Minnesota Rules, part 7050.0222, is amended by 
  5.35  adding a subpart to read: 
  5.36     Subp. 9.  <b>Conversion factors for dissolved metal standards.</b> 
  5.37     Metal            Chronic standard       Maximum standard and
  5.38                                             Final Acute Value
  5.39     Cadmium*              0.909                   0.946
  5.40     Chromium III          0.860                   0.316
  5.41     Chromium VI           0.962                   0.982
  5.42     Copper                0.960                   0.960
  5.43     Lead*                 0.791                   0.791
  5.44     Mercury               0.850                   0.850
  5.45     Nickel                0.997                   0.998
  5.46     Silver                0.850                   0.850
  5.47     Zinc                  0.986                   0.978
  5.49  *Conversion factors for cadmium and lead are hardness dependent. 
  5.50  The values shown in the table are for a total hardness of 100 
  5.51  mg/L (as CaCO<sub>3</sub>).  The hardness dependent conversion factors for 
  6.1   cadmium are calculated using the following formulas: 
  6.2      Chronic standard: 
  6.3      1.1101672-[(in total hardness)(0.041838)] 
  6.4      Maximum standard and final acute value: 
  6.5      1.136672-[(in total hardness)(0.041838)] 
  6.6   The hardness dependent conversion factor for lead is calculated 
  6.7   using the following formula: 
  6.8      Chronic and maximum standards, and final acute value: 
  6.9      1.46203-[(in total hardness)(0.145712)] 
  6.10     Sec. 6.  [REVISOR INSTRUCTION.] 
  6.11     Subdivision 1.  The revisor shall make the following 
  6.12  changes to Minnesota Rules, part 7050.0220, subpart 3: 
  6.13     (1) under the heading "MISCELLANEOUS," in the row for 
  6.14  "Chlorine, total residual" delete "6" and insert "11"; 
  6.15     (2) after the heading "METALS AND ELEMENTS":  
  6.16     (i) insert "Standards for metals are expressed as total 
  6.17  metal but must be implemented as dissolved metal standards.  
  6.18  Conversion factors for converting total to dissolved metal 
  6.19  standards are listed in part 7052.0360, and applied under part 
  6.20  7052.0200, subpart 4.  The conversion factor for metals not 
  6.21  listed in part 7052.0360 is one.  Standards followed by (TH) or 
  6.22  (pH) vary with total hardness or pH.  The formulas for these 
  6.23  standards are found in part 7052.0100, subpart 6."; and 
  6.24     (ii) after the row for "Mercury" insert "See note No. 7, 
  6.25  Below"; 
  6.26     (3) under "Note No. 1, FECAL COLIFORM ORGANISMS" delete 
  6.27  "March" and insert "April"; 
  6.28     (4) after the last line of "Note No. 5, COPPER" insert 
  6.29  "Where whole effluent toxicity tests for copper-sensitive 
  6.30  organisms indicate that the copper discharged is not in toxic 
  6.31  form, application of this standard may be deferred."; 
  6.32     (5) after the last line of "Note No. 6, LEAD" insert "Note 
  6.33  No. 7, MERCURY, This 0.0069 standard shall be defined as a human 
  6.34  health-based standard and applied accordingly."; and 
  6.35     (6) renumber the notes in sequence and correct internal 
  6.36  references. 
  7.1      Subd. 2.  The revisor shall make the following changes to 
  7.2   Minnesota Rules, part 7050.0220, subpart 4: 
  7.3      (1) under the heading "MISCELLANEOUS": 
  7.4      (i) in the row for "Chlorine, total residual" delete "6" 
  7.5   and insert "11"; and 
  7.6      (ii) in the row for "Dissolved oxygen" delete "5 as a daily 
  7.7   minimum" and insert "See note No. 1 below"; 
  7.8      (2) after the heading "METALS AND ELEMENTS": 
  7.9      (i) insert "Standards for metals are expressed as total 
  7.10  metal but must be implemented as dissolved metal standards.  
  7.11  Conversion factors for converting total to dissolved metal 
  7.12  standards are listed in part 7052.0360, and applied under part 
  7.13  7052.0200, subpart 4.  The conversion factor for metals not 
  7.14  listed in part 7052.0360 is one.  Standards followed by (TH) or 
  7.15  (pH) vary with total hardness or pH.  The formulas for these 
  7.16  standards are found in part 7052.0100, subpart 6."; and 
  7.17     (ii) after the row for "Mercury" insert "See note No. 9 
  7.18  below"; 
  7.19     (3) before "Note No. 1, FECAL COLIFORM ORGANISMS" insert: 
  7.20     "Note No. 1, DISSOLVED OXYGEN 
  7.21     On a site-specific basis in accordance with part 7050.0222, 
  7.22  subpart 8, the listed daily minimum standard of five milligrams 
  7.23  per liter may be modified to allow for a combined standard of 
  7.24  five milligrams per liter daily average and four milligrams per 
  7.25  liter daily minimum during those times of the year when no 
  7.26  dissolved oxygen-sensitive early life stages of warm water fish 
  7.27  are present in the receiving water."; 
  7.28     (4) under "Note No. 1, FECAL COLIFORM ORGANISMS" delete 
  7.29  "March" and insert "April"; 
  7.30     (5) after the last line of "Note No. 6, COPPER" insert 
  7.31  "Where whole effluent toxicity tests for copper-sensitive 
  7.32  organisms indicate that the copper discharged is not in toxic 
  7.33  form, application of this standard may be deferred."; 
  7.34     (6) after the last line of "Note No. 7, LEAD" insert "Note 
  7.35  No. 9, MERCURY, This 0.0069 standard shall be defined as a human 
  7.36  health-based standard and applied accordingly."; and 
  8.1      (7) renumber the notes in sequence and correct internal 
  8.2   references. 
  8.3      Subd. 3.  The revisor shall make the following changes to 
  8.4   Minnesota Rules, part 7050.0220, subpart 5: 
  8.5      (1) under the heading "MISCELLANEOUS" in the row for 
  8.6   "Chlorine, total residual" delete "6" and insert "11"; 
  8.7      (2) after the heading "METALS AND ELEMENTS": 
  8.8      (i) insert "Standards for metals are expressed as total 
  8.9   metal but must be implemented as dissolved metal standards.  
  8.10  Conversion factors for converting total to dissolved metal 
  8.11  standards are listed in part 7052.0360, and applied under part 
  8.12  7052.0200, subpart 4.  The conversion factor for metals not 
  8.13  listed in part 7052.0360 is one.  Standards followed by (TH) or 
  8.14  (pH) vary with total hardness or pH.  The formulas for these 
  8.15  standards are found in part 7052.0100, subpart 6."; and 
  8.16     (ii) after the row for "Mercury" insert "See note No. 11, 
  8.17  below"; 
  8.18     (3) under "Note No. 2, DISSOLVED OXYGEN" after the period, 
  8.19  insert:  On a site-specific basis in accordance with part 
  8.20  7050.0222, subpart 8, the listed daily minimum standard of five 
  8.21  milligrams per liter may be modified to allow for a combined 
  8.22  standard of five milligrams per liter daily average and four 
  8.23  milligrams per liter daily minimum during those times of the 
  8.24  year when no dissolved oxygen-sensitive early life stages of 
  8.25  warm water fish are present in the receiving water."; 
  8.26     (4) under "Note No. 3, FECAL COLIFORM ORGANISMS" delete 
  8.27  "March" and insert "April"; 
  8.28     (5) after the last line of "Note No. 9, COPPER" insert 
  8.29  "Where whole effluent toxicity tests for copper-sensitive 
  8.30  organisms indicate that the copper discharged is not in toxic 
  8.31  form, application of this standard may be deferred."; 
  8.32     (6) after the last line of "Note No. 10, LEAD" insert "Note 
  8.33  No. 11, MERCURY, This 0.0069 standard shall be defined as a 
  8.34  human health-based standard and applied accordingly."; and 
  8.35     (7) renumber the notes in sequence and correct internal 
  8.36  references. 
  9.1      Subd. 4.  The revisor shall make the following changes to 
  9.2   Minnesota Rules, part 7050.0222, subpart 2: 
  9.3      (1) in the row for "Chlorine, total residual <a>m</a>g/l," delete 
  9.4   "6" and insert "11"; 
  9.5      (2) after the last line of "Copper standards in <a>m</a>g/l at 
  9.6   various hardness values" insert "Where whole effluent toxicity 
  9.7   tests for copper-sensitive organisms indicate that the copper 
  9.8   discharged is not in toxic form, application of this standard 
  9.9   may be deferred."; 
  9.10     (3) in the last line of "Fecal coliform organisms" delete 
  9.11  "March" and insert "April"; and 
  9.12     (4) after the row for "Mercury, total <a>m</a>g/1" insert "This 
  9.13  0.0069 standard shall be defined as a human health-based 
  9.14  standard and applied accordingly.". 
  9.15     Subd. 5.  The revisor shall make the following changes to 
  9.16  Minnesota Rules, part 7050.0222, subpart 3: 
  9.17     (1) in the last line of "Dissolved oxygen mg/l" after 
  9.18  "(7Q10)" insert ", except that, on a site-specific basis in 
  9.19  accordance with subpart 8, the listed daily minimum standard of 
  9.20  five milligrams per liter may be modified to allow for a 
  9.21  combined standard of five milligrams per liter daily average and 
  9.22  four milligrams per liter daily minimum during those times of 
  9.23  the year when no dissolved oxygen-sensitive early life stages of 
  9.24  warm water fish are present in the receiving water"; and 
  9.25     (2) in the last line of "Fecal coliform organisms" delete 
  9.26  "March" and insert "April". 
  9.27     Subd. 6.  The revisor shall make the following changes to 
  9.28  Minnesota Rules, part 7050.0222, subpart 4: 
  9.29     (1) in the row for "Chlorine, total residual <a>m</a>g/l" delete 
  9.30  "6" and insert "11"; 
  9.31     (2) after the last line of "Copper standards in <a>m</a>g/l at 
  9.32  various hardness values" insert "Where whole effluent toxicity 
  9.33  tests for copper-sensitive organisms indicate that the copper 
  9.34  discharged is not in toxic form, application of this standard 
  9.35  may be deferred."; 
  9.36     (3) in the last line of "Dissolved oxygen <a>m</a>g/l" after 
 10.1   "(7Q10)" insert ", except that, on a site-specific basis in 
 10.2   accordance with subpart 8, the listed daily minimum standard of 
 10.3   five milligrams per liter may be modified to allow for a 
 10.4   combined standard of five milligrams per liter daily average and 
 10.5   four milligrams per liter daily minimum during those times of 
 10.6   the year when no dissolved oxygen-sensitive early life stages of 
 10.7   warm water fish are present in the receiving water"; 
 10.8      (4) in the last line of "Fecal coliform organisms" delete 
 10.9   "March" and insert "April"; and 
 10.10     (5) after the row for "Mercury, total <a>m</a>g/1" insert "This 
 10.11  0.0069 standard shall be defined as a human health-based 
 10.12  standard and applied accordingly.". 
 10.13     Sec. 7.  [APPLICATION.] 
 10.14     Notwithstanding the enactment by the legislature of 
 10.15  sections 1 to 6, the rules amended by those sections remain 
 10.16  subject to all other administrative rules affecting them and may 
 10.17  be further amended by the pollution control agency. 
 10.18     Sec. 8.  [EFFECTIVE DATE.] 
 10.19     Sections 1 to 7 are effective November 30, 1999, and are 
 10.20  repealed on the effective date of amendments adopted by the 
 10.21  pollution control agency that amend each water quality standard 
 10.22  amended by sections 1 to 6.