1.1                          A bill for an act 
  1.2             relating to the environment; requiring public notice 
  1.3             before sewage treatment systems or wastewater 
  1.4             treatment facilities are approved; amending Minnesota 
  1.5             Statutes 1998, sections 115.03, subdivision 5a; 
  1.6             115.55, by adding a subdivision; and 115.58, 
  1.7             subdivision 2; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 115. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 115.03, 
  1.11  subdivision 5a, is amended to read: 
  1.12     Subd. 5a.  [PUBLIC NOTICE FOR ~~NATIONAL POLLUTANT DISCHARGE~~ 
  1.13  ~~ELIMINATION SYSTEM~~ PERMIT APPLICATION.] The commissioner must 
  1.14  give public notice of a completed National Pollutant Discharge 
  1.15  Elimination System permit application for new municipal 
  1.16  discharges in the official county newspaper of the county where 
  1.17  the discharge is proposed.  In addition, upon application for a 
  1.18  National Pollutant Discharge Elimination System permit or a 
  1.19  State Disposal System permit for a new wastewater treatment 
  1.20  facility, the agency and the project proposer must comply with 
  1.21  section 115.59. 
  1.22     Sec. 2.  Minnesota Statutes 1998, section 115.55, is 
  1.23  amended by adding a subdivision to read: 
  1.24     Subd. 4a.  [EVALUATION, NOTICE, AND PUBLIC HEARING.] Before 
  1.25  construction of a new system may begin, section 115.59 must be 
  1.26  complied with. 
  1.27     Sec. 3.  Minnesota Statutes 1998, section 115.58, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  [AREAWIDE PERMIT.] (a) The agency may issue an 
  2.3   areawide permit for alternative discharging sewage systems where:
  2.4      (1) the systems meet all applicable federal and state 
  2.5   standards for treatment and discharge of sewage effluents by the 
  2.6   agency; 
  2.7      (2) the systems are part of a water quality treatment and 
  2.8   management plan to prevent, eliminate, or reduce water pollution 
  2.9   within a defined geographic area; 
  2.10     (3) the systems are owned or controlled by a water quality 
  2.11  cooperative; and 
  2.12     (4) the water quality cooperative has a service agreement 
  2.13  with a local unit of government to provide water quality 
  2.14  treatment and management services for the area under section 
  2.15  471A.03. 
  2.16     (b) Notwithstanding paragraph (a), individual projects 
  2.17  covered by an areawide permit must be in compliance with section 
  2.18  115.59. 
  2.19     Sec. 4.  [115.59] [EVALUATION, NOTICE, AND PUBLIC HEARING.] 
  2.20     Subdivision 1.  [APPLICATION.] (a) This section applies to: 
  2.21     (1) an individual project covered by an areawide permit 
  2.22  approved by the agency under section 115.58; 
  2.23     (2) a new sewage treatment system authorized under section 
  2.24  115.55 or other law which uses subsurface soil treatment and 
  2.25  disposal and which has a design capacity, either individually, 
  2.26  collectively, phased, or connected, of at least 2,500 gallons 
  2.27  per day; or 
  2.28     (3) a new wastewater treatment facility. 
  2.29     (b) For the projects described in paragraph (a), the 
  2.30  project proposer must meet the notice requirements contained in 
  2.31  section 116.182, subdivision 3a, and the agency must certify 
  2.32  that the project proposer has met them as described in 
  2.33  subdivision 4. 
  2.34     Subd. 2.  [HEARING.] Prior to certification by the agency 
  2.35  as provided in subdivision 1, paragraph (b), and before 
  2.36  construction of the project can begin, the agency must prepare, 
  3.1   hold a public hearing on, and make findings regarding the 
  3.2   following analyses: 
  3.3      (1) a comparison of the environmental benefits of the 
  3.4   proposed system in relation to other service alternatives, 
  3.5   including, but not limited to, the consideration of longevity 
  3.6   and reliability of systems; 
  3.7      (2) a comparison of the present and future costs of the 
  3.8   proposed system in relation to other service alternatives, 
  3.9   including, but not limited to, construction, operation, 
  3.10  maintenance, and personnel costs over the life of the system in 
  3.11  addition to consideration of replacement costs, factoring in 
  3.12  longevity and reliability of systems; 
  3.13     (3) an analysis of projected, current, and past public 
  3.14  investment in infrastructure in other service alternatives, 
  3.15  considering any proposed infrastructure improvements, and 
  3.16  whether or not public investment in existing infrastructure will 
  3.17  be wasted; and 
  3.18     (4) a comparison of existing capacity and ability to expand 
  3.19  and provide additional future capacity of the proposed system in 
  3.20  relation to other service alternatives. 
  3.21     Subd. 3.  [PREFERENCE FOR ANOTHER SERVICE ALTERNATIVE.] If 
  3.22  after a public hearing as provided in subdivision 2, the agency 
  3.23  determines that, based on its findings, another service 
  3.24  alternative is feasible and preferable to the proposed project, 
  3.25  the agency shall not certify the proposed project.  A project 
  3.26  which is not certified is deemed denied by the agency. 
  3.27     Subd. 4.  [PREFERENCE FOR PROPOSED PROJECT; CERTIFICATION.] 
  3.28  If after a public hearing as provided in subdivision 2, the 
  3.29  agency determines that, based on its findings, the proposed 
  3.30  project is preferable to other service alternatives, the agency 
  3.31  shall determine whether the requirements of section 116.182, 
  3.32  subdivision 3a, have been satisfied as provided in subdivision 
  3.33  1.  The agency shall deny certification if those requirements 
  3.34  have not been satisfied.  If the agency determines that they 
  3.35  have been satisfied, a local government unit may request, within 
  3.36  30 days of the agency determination, a contested case hearing on 
  4.1   the matter and the agency shall initiate the contested case 
  4.2   hearing.  A contested case hearing shall be limited to whether 
  4.3   another service alternative is feasible and preferable or 
  4.4   whether the requirements of section 116.182, subdivision 3a, 
  4.5   have been satisfied.  The agency shall not certify the proposed 
  4.6   project until the 30-day period to initiate a contested case 
  4.7   hearing has expired. 
  4.8      Subd. 5.  [DEFINITION.] For purposes of this section: 
  4.9      (1) "other service alternatives" means the nearest existing 
  4.10  or proposed disposal system located adjacent to, or which can be 
  4.11  extended to provide service to, the service area to be served by 
  4.12  the proposed project; and 
  4.13     (2) "feasible and preferable" means that another service 
  4.14  alternative is as or more environmentally protective than the 
  4.15  proposed project, is less than or equal to 150 percent of the 
  4.16  cost of the proposed project, and the local government unit in 
  4.17  which the other service alternative is located is willing and 
  4.18  has capacity, or can upgrade its facility to provide capacity, 
  4.19  to serve a comparable service area as that of the proposed 
  4.20  project. 
  4.21     Subd. 6.  [REPORT.] The agency shall prepare a report 
  4.22  tracking the number, location, and capacity of each system 
  4.23  certified, authorized, or otherwise permitted under this section 
  4.24  and submit the report annually by February 15 to the environment 
  4.25  and natural resources policy and finance committees and 
  4.26  divisions of the legislature.