1998 Minnesota Statutes

CHAPTER 115. Water pollution control; sanitary districts

     115.01 Definitions. 

    Subdivision 1.    Applicability.  The following words 
 and phrases when used in this chapter and, with respect to the 
 pollution of the waters of the state, in chapter 116, unless the 
 context clearly indicates otherwise, shall have the meanings 
 ascribed to them in this section.  

    Subd. 2.  MS 1990 Renumbered subd 17 

    Subd. 2.    Agency.  "Agency" means the Minnesota 
 pollution control agency.  

    Subd. 3.  MS 1990 Renumbered subd 8 

    Subd. 3.    Depository.  "Depository" means:  (a) a 
 disposal facility or stabilization and containment facility for 
 hazardous waste as defined in section 115A.03; and (b) a 
 radioactive waste management facility as defined in section 
 116C.71, subdivision 7. 

    Subd. 4.  MS 1990 Renumbered subd 9 

    Subd. 4.    Discharge.  "Discharge" means the addition 
 of any pollutant to the waters of the state or to any disposal 
 system.  

    Subd. 5.  MS 1990 Renumbered subd 13 

    Subd. 5.    Disposal system.  "Disposal system" means a 
 system for disposing of sewage, industrial waste and other 
 wastes, and includes sewer systems and treatment works.  

    Subd. 6.  MS 1990 Renumbered subd 18 

    Subd. 6.    Groundwater.  "Groundwater" means water 
 contained below the surface of the earth in the saturated zone 
 including, without limitation, all waters whether under 
 confined, unconfined, or perched conditions, in near-surface 
 unconsolidated sediment or regolith, or in rock formations 
 deeper underground. 

    Subd. 7.  MS 1990 Renumbered subd 21 

    Subd. 7.    Hazardous waste.  "Hazardous waste" means 
 waste as defined in section 116.06, subdivision 11. 

    Subd. 8.  MS 1990 Renumbered subd 5 

    Subd. 8.    Industrial waste.  "Industrial waste" means 
 any liquid, gaseous or solid waste substance resulting from any 
 process of industry, manufacturing trade or business or from the 
 development of any natural resource.  

    Subd. 9.  MS 1990 Renumbered subd 22 

    Subd. 9.    Other wastes.  "Other wastes" mean garbage, 
 municipal refuse, decayed wood, sawdust, shavings, bark, lime, 
 sand, ashes, offal, oil, tar, chemicals, dredged spoil, solid 
 waste, incinerator residue, sewage sludge, munitions, chemical 
 wastes, biological materials, radioactive materials, heat, 
 wrecked or discarded equipment, rock, cellar dirt or municipal 
 or agricultural waste, and all other substances not included 
 within the definitions of sewage and industrial waste set forth 
 in this chapter which may pollute or tend to pollute the waters 
 of the state.  

    Subd. 10.    Person.  "Person" means the state or any 
 agency or institution thereof, any municipality, governmental 
 subdivision, public or private corporation, individual, 
 partnership, or other entity, including, but not limited to, 
 association, commission or any interstate body, and includes any 
 officer or governing or managing body of any municipality, 
 governmental subdivision, or public or private corporation, or 
 other entity.  

    Subd. 11.  MS 1990 Renumbered subd 2 

    Subd. 11.    Point source.  "Point source" means any 
 discernible, confined and discrete conveyance, including, but 
 not limited to, any pipe, ditch, channel, tunnel, conduit, well, 
 discrete fissure, container, rolling stock, concentrated animal 
 feeding operation, or vessel or other floating craft, from which 
 pollutants are or may be discharged.  

    Subd. 12.  MS 1990 Renumbered subd 4 

    Subd. 12.    Pollutant.  "Pollutant" means any "sewage," 
 "industrial waste," or "other wastes," as defined in this 
 chapter, discharged into a disposal system or to waters of the 
 state.  

    Subd. 13.  MS 1990 Renumbered subd 12 

    Subd. 13.    Pollution of water, water pollution, pollute 
 the water.  "Pollution of water," "water pollution," or 
 "pollute the water" means:  (a) the discharge of any pollutant 
 into any waters of the state or the contamination of any waters 
 of the state so as to create a nuisance or render such waters 
 unclean, or noxious, or impure so as to be actually or 
 potentially harmful or detrimental or injurious to public 
 health, safety or welfare, to domestic, agricultural, 
 commercial, industrial, recreational or other legitimate uses, 
 or to livestock, animals, birds, fish or other aquatic life; or 
 (b) the alteration made or induced by human activity of the 
 chemical, physical, biological, or radiological integrity of 
 waters of the state.  

    Subd. 14.  MS 1990 Renumbered subd 20 

    Subd. 14.    Potable water.  "Potable water" means water 
 which is or may be used as a source of supply for human 
 consumption including drinking, culinary use, food processing, 
 and other similar purposes, and which is suitable for such uses 
 in its untreated state or when treated using generally 
 recognized treatment methods. 

    Subd. 15.  MS 1990 Renumbered subd 11 

    Subd. 15.    Radioactive waste.  "Radioactive waste" 
 means high-level radioactive waste as defined in section 
 116C.71, subdivision 2f, and low-level radioactive waste as 
 defined in article II of the Midwest Interstate Low-Level 
 Radioactive Waste Compact, as enacted by section 116C.831. 

    Subd. 16.  MS 1990 Renumbered subd 19 

    Subd. 16.    Schedule of compliance.  "Schedule of 
 compliance" means a schedule of remedial measures including an 
 enforceable sequence of actions or operations leading to 
 compliance with an effluent limitation, other limitation, 
 prohibition, or standard.  

    Subd. 17.  MS 1990 Renumbered subd 16 

    Subd. 17.    Sewage.  "Sewage" means the water-carried 
 waste products from residences, public buildings, institutions 
 or other buildings, or any mobile source, including the 
 excrementitious or other discharge from the bodies of human 
 beings or animals, together with such ground water infiltration 
 and surface water as may be present.  

    Subd. 18.  MS 1990 Renumbered subd 7 

    Subd. 18.    Sewer system.  "Sewer system" means 
 pipelines or conduits, pumping stations, and force mains, and 
 all other constructions, devices, and appliances appurtenant 
 thereto, used for conducting sewage or industrial waste or other 
 wastes to a point of ultimate disposal.  

    Subd. 19.  MS 1990 Renumbered subd 15 

    Subd. 19.    Standards.  "Standards" means effluent 
 standards, effluent limitations, standards of performance for 
 new sources, water quality standards, pretreatment standards, 
 and prohibitions.  

    Subd. 20.  MS 1990 Renumbered subd 14 

    Subd. 20.    Toxic pollutants.  "Toxic pollutants" means 
 those pollutants, or combinations of pollutants, including 
 disease-causing agents, which after discharge and upon exposure, 
 ingestion, inhalation or assimilation into any organism, either 
 directly from the environment or indirectly by ingestion through 
 food chains, will, on the basis of information available to the 
 agency, cause death, disease, behavioral abnormalities, cancer, 
 genetic mutations, physiological malfunctions, including 
 malfunctions in reproduction, or physical deformation, in such 
 organisms or their offspring.  

    Subd. 21.  MS 1990 Renumbered subd 6 

    Subd. 21.    Treatment works.  "Treatment works" means 
 any plant, disposal field, lagoon, dam, pumping station, 
 constructed drainage ditch or surface water intercepting ditch, 
 incinerator, area devoted to sanitary land fills, or other works 
 not specifically mentioned herein, installed for the purpose of 
 treating, stabilizing or disposing of sewage, industrial waste, 
 or other wastes.  

    Subd. 22.  MS 1990 Renumbered subd 3 

    Subd. 22.    Waters of the state.  "Waters of the state" 
 means all streams, lakes, ponds, marshes, watercourses, 
 waterways, wells, springs, reservoirs, aquifers, irrigation 
 systems, drainage systems and all other bodies or accumulations 
 of water, surface or underground, natural or artificial, public 
 or private, which are contained within, flow through, or border 
 upon the state or any portion thereof.  

    HIST: 1945 c 395 s 1; 1963 c 874 s 2,3; 1969 c 9 s 16; 1973 c 
 374 s 1-6; 1986 c 425 s 1-5; 1986 c 444 

  115.02 Repealed, 1967 c 882 s 11 

     115.03 Powers and duties. 

    Subdivision 1.    Generally.  The agency is hereby given 
 and charged with the following powers and duties: 

    (a) To administer and enforce all laws relating to the 
 pollution of any of the waters of the state; 

    (b) To investigate the extent, character, and effect of the 
 pollution of the waters of this state and to gather data and 
 information necessary or desirable in the administration or 
 enforcement of pollution laws, and to make such classification 
 of the waters of the state as it may deem advisable; 

    (c) To establish and alter such reasonable pollution 
 standards for any waters of the state in relation to the public 
 use to which they are or may be put as it shall deem necessary 
 for the purposes of this chapter and, with respect to the 
 pollution of waters of the state, chapter 116; 

    (d) To encourage waste treatment, including advanced waste 
 treatment, instead of stream low-flow augmentation for dilution 
 purposes to control and prevent pollution; 

    (e) To adopt, issue, reissue, modify, deny, or revoke, 
 enter into or enforce reasonable orders, permits, variances, 
 standards, rules, schedules of compliance, and stipulation 
 agreements, under such conditions as it may prescribe, in order 
 to prevent, control or abate water pollution, or for the 
 installation or operation of disposal systems or parts thereof, 
 or for other equipment and facilities; 

    (1) Requiring the discontinuance of the discharge of 
 sewage, industrial waste or other wastes into any waters of the 
 state resulting in pollution in excess of the applicable 
 pollution standard established under this chapter; 

    (2) Prohibiting or directing the abatement of any discharge 
 of sewage, industrial waste, or other wastes, into any waters of 
 the state or the deposit thereof or the discharge into any 
 municipal disposal system where the same is likely to get into 
 any waters of the state in violation of this chapter and, with 
 respect to the pollution of waters of the state, chapter 116, or 
 standards or rules promulgated or permits issued pursuant 
 thereto, and specifying the schedule of compliance within which 
 such prohibition or abatement must be accomplished; 

    (3) Prohibiting the storage of any liquid or solid 
 substance or other pollutant in a manner which does not 
 reasonably assure proper retention against entry into any waters 
 of the state that would be likely to pollute any waters of the 
 state; 

    (4) Requiring the construction, installation, maintenance, 
 and operation by any person of any disposal system or any part 
 thereof, or other equipment and facilities, or the 
 reconstruction, alteration, or enlargement of its existing 
 disposal system or any part thereof, or the adoption of other 
 remedial measures to prevent, control or abate any discharge or 
 deposit of sewage, industrial waste or other wastes by any 
 person; 

    (5) Establishing, and from time to time revising, standards 
 of performance for new sources taking into consideration, among 
 other things, classes, types, sizes, and categories of sources, 
 processes, pollution control technology, cost of achieving such 
 effluent reduction, and any nonwater quality environmental 
 impact and energy requirements.  Said standards of performance 
 for new sources shall encompass those standards for the control 
 of the discharge of pollutants which reflect the greatest degree 
 of effluent reduction which the agency determines to be 
 achievable through application of the best available 
 demonstrated control technology, processes, operating methods, 
 or other alternatives, including, where practicable, a standard 
 permitting no discharge of pollutants.  New sources shall 
 encompass buildings, structures, facilities, or installations 
 from which there is or may be the discharge of pollutants, the 
 construction of which is commenced after the publication by the 
 agency of proposed rules prescribing a standard of performance 
 which will be applicable to such source.  Notwithstanding any 
 other provision of the law of this state, any point source the 
 construction of which is commenced after May 20, 1973, and which 
 is so constructed as to meet all applicable standards of 
 performance for new sources shall, consistent with and subject 
 to the provisions of section 306(d) of the Amendments of 1972 to 
 the Federal Water Pollution Control Act, not be subject to any 
 more stringent standard of performance for new sources during a 
 ten-year period beginning on the date of completion of such 
 construction or during the period of depreciation or 
 amortization of such facility for the purposes of section 167 or 
 169, or both, of the Federal Internal Revenue Code of 1954, 
 whichever period ends first.  Construction shall encompass any 
 placement, assembly, or installation of facilities or equipment, 
 including contractual obligations to purchase such facilities or 
 equipment, at the premises where such equipment will be used, 
 including preparation work at such premises; 

    (6) Establishing and revising pretreatment standards to 
 prevent or abate the discharge of any pollutant into any 
 publicly owned disposal system, which pollutant interferes with, 
 passes through, or otherwise is incompatible with such disposal 
 system; 

    (7) Requiring the owner or operator of any disposal system 
 or any point source to establish and maintain such records, make 
 such reports, install, use, and maintain such monitoring 
 equipment or methods, including where appropriate biological 
 monitoring methods, sample such effluents in accordance with 
 such methods, at such locations, at such intervals, and in such 
 a manner as the agency shall prescribe, and providing such other 
 information as the agency may reasonably require; 

    (8) Notwithstanding any other provision of this chapter, 
 and with respect to the pollution of waters of the state, 
 chapter 116, requiring the achievement of more stringent 
 limitations than otherwise imposed by effluent limitations in 
 order to meet any applicable water quality standard by 
 establishing new effluent limitations, based upon section 
 115.01, subdivision 13, clause (b), including alternative 
 effluent control strategies for any point source or group of 
 point sources to insure the integrity of water quality 
 classifications, whenever the agency determines that discharges 
 of pollutants from such point source or sources, with the 
 application of effluent limitations required to comply with any 
 standard of best available technology, would interfere with the 
 attainment or maintenance of the water quality classification in 
 a specific portion of the waters of the state.  Prior to 
 establishment of any such effluent limitation, the agency shall 
 hold a public hearing to determine the relationship of the 
 economic and social costs of achieving such limitation or 
 limitations, including any economic or social dislocation in the 
 affected community or communities, to the social and economic 
 benefits to be obtained and to determine whether or not such 
 effluent limitation can be implemented with available technology 
 or other alternative control strategies.  If a person affected 
 by such limitation demonstrates at such hearing that, whether or 
 not such technology or other alternative control strategies are 
 available, there is no reasonable relationship between the 
 economic and social costs and the benefits to be obtained, such 
 limitation shall not become effective and shall be adjusted as 
 it applies to such person; 

    (9) Modifying, in its discretion, any requirement or 
 limitation based upon best available technology with respect to 
 any point source for which a permit application is filed after 
 July 1, 1977, upon a showing by the owner or operator of such 
 point source satisfactory to the agency that such modified 
 requirements will represent the maximum use of technology within 
 the economic capability of the owner or operator and will result 
 in reasonable further progress toward the elimination of the 
 discharge of pollutants; and 

    (10) Requiring that applicants for wastewater discharge 
 permits evaluate in their applications the potential reuses of 
 the discharged wastewater; 

    (f) To require to be submitted and to approve plans and 
 specifications for disposal systems or point sources, or any 
 part thereof and to inspect the construction thereof for 
 compliance with the approved plans and specifications thereof; 

    (g) To prescribe and alter rules, not inconsistent with 
 law, for the conduct of the agency and other matters within the 
 scope of the powers granted to and imposed upon it by this 
 chapter and, with respect to pollution of waters of the state, 
 in chapter 116, provided that every rule affecting any other 
 department or agency of the state or any person other than a 
 member or employee of the agency shall be filed with the 
 secretary of state; 

    (h) To conduct such investigations, issue such notices, 
 public and otherwise, and hold such hearings as are necessary or 
 which it may deem advisable for the discharge of its duties 
 under this chapter and, with respect to the pollution of waters 
 of the state, under chapter 116, including, but not limited to, 
 the issuance of permits, and to authorize any member, employee, 
 or agent appointed by it to conduct such investigations or, 
 issue such notices and hold such hearings; 

    (i) For the purpose of water pollution control planning by 
 the state and pursuant to the Federal Water Pollution Control 
 Act, as amended, to establish and revise planning areas, adopt 
 plans and programs and continuing planning processes, including, 
 but not limited to, basin plans and areawide waste treatment 
 management plans, and to provide for the implementation of any 
 such plans by means of, including, but not limited to, 
 standards, plan elements, procedures for revision, 
 intergovernmental cooperation, residual treatment process waste 
 controls, and needs inventory and ranking for construction of 
 disposal systems; 

    (j) To train water pollution control personnel, and charge 
 such fees therefor as are necessary to cover the agency's 
 costs.  All such fees received shall be paid into the state 
 treasury and credited to the pollution control agency training 
 account; 

    (k) To impose as additional conditions in permits to 
 publicly owned disposal systems appropriate measures to insure 
 compliance by industrial and other users with any pretreatment 
 standard, including, but not limited to, those related to toxic 
 pollutants, and any system of user charges ratably as is hereby 
 required under state law or said Federal Water Pollution Control 
 Act, as amended, or any regulations or guidelines promulgated 
 thereunder; 

    (l) To set a period not to exceed five years for the 
 duration of any National Pollutant Discharge Elimination System 
 permit; 

    (m) To require each governmental subdivision identified as 
 a permittee for a wastewater treatment works to annually 
 evaluate the condition of its existing system and identify 
 future capital improvements that will be needed to attain or 
 maintain compliance with a national pollutant discharge 
 elimination system or state disposal system permit; and 

    (n) To train individual sewage treatment system personnel, 
 including persons who design, construct, install, inspect, 
 service, and operate individual sewage treatment systems, and 
 charge fees as necessary to pay the agency's costs.  All fees 
 received must be paid into the state treasury and credited to 
 the agency's training account.  Money in the account is 
 appropriated to the agency to pay expenses related to training. 

 The information required in clause (m) must be submitted 
 annually to the commissioner on a form provided by the 
 commissioner.  The commissioner shall provide technical 
 assistance if requested by the governmental subdivision. 

    The powers and duties given the agency in this subdivision 
 also apply to permits issued under chapter 114C. 

    Subd. 2.    Hearing or investigation.  In any hearing or 
 investigation conducted pursuant to this chapter and chapters 
 114C, 116, and 116F, any employee or agent thereto authorized by 
 the agency, may administer oaths, examine witnesses and issue, 
 in the name of the agency, subpoenas requiring the attendance 
 and testimony of witnesses and the production of evidence 
 relevant to any matter involved in any such hearing or 
 investigation.  Witnesses shall receive the same fees and 
 mileage as in civil actions. 

    Subd. 3.    Contempt of court.  In case of contumacy or 
 refusal to obey a subpoena issued under this section, the 
 district court of the county where the proceeding is pending or 
 in which the person guilty of such contumacy or refusal to obey 
 is found or resides, shall have jurisdiction upon application of 
 the agency or its authorized member, employee or agent to issue 
 to such person an order requiring the person to appear and 
 testify or produce evidence, as the case may require, and any 
 failure to obey such order of the court may be punished by said 
 court as a contempt thereof. 

    Subd. 4.    Building permits.  It is unlawful for any 
 person to issue or grant a building permit for, or otherwise 
 permit, the construction, enlargement, or relocation of a 
 commercial or industrial building to be used as the place of 
 employment of more than 12 persons, or any other commercial or 
 industrial building to house a process producing industrial or 
 other wastes, unless the sewage or industrial or other waste 
 originating in such buildings is or will be discharged into a 
 disposal system for which a permit has first been granted by the 
 agency unless the agency has cause not to apply this 
 requirement, provided that this subdivision shall not apply to 
 building permits issued for buildings, which have an estimated 
 value of less than $500,000, located or to be located within an 
 incorporated municipality.  After January 1, 1975, such permits 
 shall be acted upon by the agency within 90 days after 
 submitted, provided that the agency, for good cause, may order 
 said 90 day period to be extended for a reasonable time. 

    Subd. 4a.    Section 401 certifications.  (a) The 
 following definitions apply to this subdivision: 

    (1) "section 401 certification" means a water quality 
 certification required under section 401 of the federal Clean 
 Water Act, United States Code, title 33, section 1341; and 

    (2) "nationwide permit" means a nationwide general permit 
 issued by the United States Army Corps of Engineers and listed 
 in Code of Federal Regulations, title 40, part 330, appendix A. 

    (b) The agency is responsible for providing section 401 
 certifications for nationwide permits. 

    (c) Before making a final decision on a section 401 
 certification for regional conditions on a nationwide permit, 
 the agency shall hold at least one public meeting outside the 
 seven-county metropolitan area. 

    (d) In addition to other notice required by law, the agency 
 shall provide written notice of a meeting at which the agency 
 will be considering a section 401 certification for regional 
 conditions on a nationwide permit at least 21 days before the 
 date of the meeting to the members of the senate and house of 
 representatives environment and natural resources committees, 
 the senate agriculture and rural development committee, and the 
 house of representatives agriculture committee. 

    Subd. 5.    Agency authority; National Pollutant Discharge 
 Elimination System.  Notwithstanding any other provisions 
 prescribed in or pursuant to this chapter and, with respect to 
 the pollution of waters of the state, in chapter 116, or 
 otherwise, the agency shall have the authority to perform any 
 and all acts minimally necessary including, but not limited to, 
 the establishment and application of standards, procedures, 
 rules, orders, variances, stipulation agreements, schedules of 
 compliance, and permit conditions, consistent with and, 
 therefore not less stringent than the provisions of the Federal 
 Water Pollution Control Act, as amended, applicable to the 
 participation by the state of Minnesota in the National 
 Pollutant Discharge Elimination System (NPDES); provided that 
 this provision shall not be construed as a limitation on any 
 powers or duties otherwise residing with the agency pursuant to 
 any provision of law. 

    Subd. 5a.    Public notice for National Pollutant 
 Discharge Elimination System permit application.  The 
 commissioner must give public notice of a completed National 
 Pollutant Discharge Elimination System permit application for 
 new municipal discharges in the official county newspaper of the 
 county where the discharge is proposed. 

    Subd. 6.    Certification statement; pollution control 
 equipment loan.  (a) In addition to its other powers and 
 duties, the agency shall prepare the certification statement 
 required to be submitted by an applicant for a pollution control 
 equipment loan under the provisions of section 7(g) of the Small 
 Business Act and section 8 of the Federal Water Pollution 
 Control Act, as amended.  

    (b) The agency certification shall state whether the loan 
 applicant's proposed additions to, or alterations in, equipment 
 facilities or methods of operation are necessary and adequate to 
 comply with the requirements established under the Federal Water 
 Pollution Control Act, as amended.  The agency's certification 
 statement shall comply with the requirements of Code of Federal 
 Regulations, title 40, part 21.  

    (c) The agency may identify small businesses eligible for 
 loans under section 7(g) of the Small Business Act and section 8 
 of the Federal Water Pollution Control Act, as amended and 
 assist in the preparation of loan application.  

    (d) No fee shall be required of an applicant for any 
 assistance provided under this subdivision.  

    Subd. 7.    Pollution control facility revenue bonds.  
 In addition to its other powers and duties, the agency shall 
 disseminate information and provide assistance regarding the 
 small business administration program to guarantee payments or 
 rentals on pollution control facility revenue bonds pursuant to 
 Public Law Number 94-305 (June 4, 1976).  The agency shall also 
 encourage and assist governmental units to coordinate the joint 
 or cooperative issuance of bonds guaranteed under this program 
 to the end that the total amount of the bonds is sufficient in 
 size to allow convenient sale.  

    Subd. 8.    Exemptions for aboveground storage tanks.  
 The commissioner may not adopt rules under this section that 
 regulate the use of the following aboveground storage tanks: 

    (1) farm or residential tanks of 1,100 gallons or less 
 capacity used for storing motor fuel for noncommercial purposes; 

    (2) tanks of 1,100 gallons or less capacity used for 
 storing heating oil for consumptive use on the premises where 
 stored; 

    (3) tanks used for storing liquids that are gaseous at 
 atmospheric temperature and pressure; or 

    (4) tanks used for storing agricultural chemicals regulated 
 under chapter 18B, 18C, or 18D. 

    Subd. 9.    Future costs of wastewater treatment; update 
 of 1995 report.  The commissioner shall, by January 15, 1998, 
 and each even-numbered year thereafter, provide the chairs of 
 the house and senate committees with primary jurisdiction over 
 the agency's budget with the following information: 

    (1) an updated list of all wastewater treatment upgrade and 
 construction projects the agency has identified to meet existing 
 and proposed water quality standards and regulations; 

    (2) an estimate of the total costs associated with the 
 projects listed in clause (1), and the projects' priority 
 ranking under Minnesota Rules, chapter 7077.  The costs of 
 projects necessary to meet existing standards must be identified 
 separately from the costs of projects necessary to meet proposed 
 standards; 

    (3) the commissioner's best estimate, developed in 
 consultation with the commissioner of trade and economic 
 development and affected permittees, of the increase in sewer 
 service rates to the residents in the municipalities required to 
 construct the projects listed in clause (1) resulting from the 
 cost of these projects; and 

    (4) a list of existing and proposed state water quality 
 standards which are more stringent than is necessary to comply 
 with federal law, either because the standard has no applicable 
 federal water quality criteria, or because the standard is more 
 stringent than the applicable federal water quality criteria. 

    HIST: 1945 c 395 s 3; 1969 c 9 s 21; 1969 c 931 s 6; 1973 c 
 374 s 7-9; 1973 c 412 s 12; 1976 c 76 s 1; 1979 c 147 s 1; 1984 
 c 597 s 41; 1985 c 248 s 70; 1Sp1985 c 13 s 229; 1986 c 444; 
 1987 c 186 s 15; 1989 c 335 art 1 s 127; art 4 s 33; 1992 c 601 
 s 2; 1993 c 87 s 1; 1993 c 186 s 8; 1996 c 437 s 9,10; 1996 c 
 462 s 38; 1997 c 216 s 93 

     115.04 Disposal systems and point sources. 

    Subdivision 1.    Information.  Any person operating or 
 installing a disposal system or other point source, or portion 
 thereof, when requested by the agency, or any member, employee 
 or agent thereof, when authorized by it, shall furnish to it any 
 information which that person may have or which is relevant to 
 the subject of this chapter, chapter 114C, and, with respect to 
 the pollution of waters of the state, of chapter 116.  

    Subd. 2.    Examination of records.  The agency or any 
 member, employee or agent thereof, when authorized by it, upon 
 presentation of credentials, may examine and copy any books, 
 papers, records or memoranda pertaining to the installation, 
 maintenance, or operation or discharge, including, but not 
 limited to, monitoring data, of disposal systems or other point 
 sources, in accordance with the purposes of this chapter, 
 chapter 114C, and, with respect to the pollution of waters of 
 the state, chapter 116.  

    Subd. 3.    Access to premises.  Whenever it shall be 
 necessary for the purposes of this chapter, chapter 114C, and, 
 with respect to pollution of waters of the state, chapter 116, 
 the agency or any member, employee, or agent thereof, when 
 authorized by it, upon presentation of credentials, may enter 
 upon any property, public or private, for the purpose of 
 obtaining information or examination of records or conducting 
 surveys or investigations.  

    HIST: 1945 c 395 s 4; 1969 c 9 s 21; 1973 c 374 s 10; 1986 c 
 444; 1996 c 437 s 11 

     115.05 Judicial review. 

    Subdivision 1.  Repealed, 1976 c 76 s 8 

    Subd. 2.  Repealed, 1973 c 374 s 22 

    Subd. 3.  Repealed, 1976 c 76 s 8 

    Subd. 4.  Repealed, 1976 c 76 s 8 

    Subd. 5.  Repealed, 1976 c 76 s 8 

    Subd. 6.  Repealed, 1976 c 76 s 8 

    Subd. 7.  Repealed, 1976 c 76 s 8 

    Subd. 8.  Repealed, 1976 c 76 s 8 

    Subd. 9.  Repealed, 1976 c 76 s 8 

    Subd. 10.  Repealed, 1976 c 76 s 8 

    Subd. 11.    Judicial review.  Any person aggrieved by 
 any final decision for which judicial review is not provided in 
 chapter 14 may obtain judicial review thereof pursuant to 
 sections 14.63 to 14.69. 

    HIST: 1945 c 395 s 5; 1959 c 461 s 1; 1969 c 9 s 21; 1969 c 
 931 s 1,2; 1973 c 374 s 11; 1976 c 76 s 2; 1982 c 424 s 130; 
 1987 c 384 art 2 s 1 

     115.06 Cooperation. 

    Subdivision 1.    With other sovereign states.  The 
 agency, so far as it is not inconsistent with its duties under 
 the laws of this state, may assist and cooperate with any agency 
 of another state, of the United States of America or of the 
 Dominion of Canada or any province thereof in any matter 
 relating to water pollution control. 

    Subd. 2.    Funds received from persons or agencies.  
 The agency may receive and accept money, property, or services 
 from any person or from any agency described in subdivision 1 or 
 from any other source for any purpose within the scope of its 
 functions under this chapter, chapter 116, or 116F, and all 
 money so received are hereby appropriated for such purposes in 
 like manner and subject to like provisions of law as the 
 corresponding appropriations of state funds. 

    Subd. 3.    By governmental subdivisions.  It shall be 
 the duty of each city, county, town, sanitary district, public 
 corporation, or other governmental subdivision to cooperate with 
 the agency in obtaining compliance with the provisions of this 
 chapter and to enforce within its jurisdiction all standards, 
 orders, rules, or permit requirements adopted by the agency 
 thereunder. 

    HIST: 1945 c 395 s 6; 1969 c 9 s 21; 1969 c 931 s 3; 1973 c 
 123 art 5 s 7; 1978 c 568 s 1; 1985 c 248 s 70 

     115.061 Duty to notify and avoid water pollution. 

    (a) Except as provided in paragraph (b), it is the duty of 
 every person to notify the agency immediately of the discharge, 
 accidental or otherwise, of any substance or material under its 
 control which, if not recovered, may cause pollution of waters 
 of the state, and the responsible person shall recover as 
 rapidly and as thoroughly as possible such substance or material 
 and take immediately such other action as may be reasonably 
 possible to minimize or abate pollution of waters of the state 
 caused thereby.  

    (b) Notification is not required under paragraph (a) for a 
 discharge of five gallons or less of petroleum, as defined in 
 section 115C.02, subdivision 10.  This paragraph does not affect 
 the other requirements of paragraph (a). 

    HIST: 1969 c 931 s 4; 1993 c 341 art 1 s 1 

     115.063 Hazardous and radioactive waste; state potable 
  water protection policy. 

    The legislature finds that: 

    (1) the waters of the state, because of their abundant 
 quantity and high natural quality, constitute a unique natural 
 resource of immeasurable value which must be protected and 
 conserved for the benefit of the health, safety, welfare, and 
 economic well-being of present and future generations of the 
 people of the state; 

    (2) the actual or potential use of the waters of the state 
 for potable water supply is the highest priority use of that 
 water and deserves maximum protection by the state; and 

    (3) the disposal of hazardous waste and radioactive waste 
 in Minnesota may pose a serious risk of pollution of the waters 
 of the state, particularly potable water. 

    It is therefore the policy of the state of Minnesota, 
 consistent with the state's primary responsibility and rights to 
 prevent, reduce, and eliminate water pollution and to plan for 
 the preservation of water resources, that depositories for 
 hazardous waste or radioactive waste should not be located in 
 any place or be constructed or operated in any manner that can 
 reasonably be expected to cause pollution of potable water. 

    HIST: 1986 c 425 s 6 

     115.065 Prohibition of disposal. 

    The location, construction, or operation of any depository 
 for hazardous waste or radioactive waste, whether generated 
 within or outside of the state, in any place or in any manner 
 that can reasonably be expected to cause the pollution of 
 potable water is prohibited. 

    HIST: 1986 c 425 s 7 

     115.067 Below grade disposal systems; prohibition; 
  exception. 

    The construction or operation of a depository for hazardous 
 waste or radioactive waste in whole or in part below the natural 
 grade of the land where it is located is prohibited unless the 
 person proposing to construct or operate the depository 
 demonstrates that the depository cannot reasonably be expected 
 to cause the pollution of potable water.  

    HIST: 1986 c 425 s 8 

     115.069 Radionuclide pollution; high-level nuclear waste 
  depository. 

    The determination of whether the location, construction, or 
 operation of a depository for spent nuclear fuel or high-level 
 radioactive waste can reasonably be expected to cause 
 radionuclide pollution of potable groundwater in violation of 
 section 115.065 shall be made in accordance with the provisions 
 of section 116C.76. 

    HIST: 1986 c 425 s 9 

     115.07 Violations and prohibitions. 

    Subdivision 1.    Obtain permit.  It shall be unlawful 
 for any person to construct, install or operate a disposal 
 system, or any part thereof, until plans therefor shall have 
 been submitted to the agency unless the agency shall have waived 
 the submission thereof to it and a written permit therefor shall 
 have been granted by the agency.  

    For disposal systems operated on streams with extreme 
 seasonal flows, the agency must allow seasonal permit limits 
 based on a fixed or variable effluent limit when the 
 municipality operating the disposal system requests them and is 
 in compliance with agency water quality standards. 

    Subd. 2.  Repealed, 1973 c 374 s 22 

    Subd. 3.    Permission for extension.  It shall be 
 unlawful for any person to make any change in, addition to or 
 extension of any existing disposal system or point source, or 
 part thereof, to effect any facility expansion, production 
 increase, or process modification which results in new or 
 increased discharges of pollutants, or to operate such system or 
 point source, or part thereof as so changed, added to, or 
 extended until plans and specifications therefor shall have been 
 submitted to the agency unless the agency shall have waived the 
 submission thereof to it and a written permit therefor shall 
 have been granted by the agency.  

    Subd. 4.  Repealed, 1973 c 374 s 22 

    Subd. 5.  Repealed, 1963 c 798 s 16 

    Subd. 6.  Repealed, 1973 c 374 s 22 

    HIST: 1945 c 395 s 8-10; 1969 c 9 s 21; 1969 c 931 s 5; 1973 c 
 374 s 12; 1986 c 465 art 3 s 1 

     115.071 Enforcement. 

    Subdivision 1.    Remedies available.  The provisions of 
 sections 103F.701 to 103F.761, this chapter and chapters 114C, 
 115A, and 116, and sections 325E.10 to 325E.1251 and 325E.32 and 
 all rules, standards, orders, stipulation agreements, schedules 
 of compliance, and permits adopted or issued by the agency 
 thereunder or under any other law now in force or hereafter 
 enacted for the prevention, control, or abatement of pollution 
 may be enforced by any one or any combination of the following:  
 criminal prosecution; action to recover civil penalties; 
 injunction; action to compel performance; or other appropriate 
 action, in accordance with the provisions of said chapters and 
 this section. 

    Subd. 2.    Criminal penalties.  (a)    Violations of 
 laws; orders; permits.  Except as provided in section 609.671, 
 any person who willfully or negligently violates any provision 
 of this chapter or chapter 114C or 116, or any standard, rule, 
 variance, order, stipulation agreement, schedule of compliance 
 or permit issued or adopted by the agency thereunder shall upon 
 conviction be guilty of a misdemeanor. 

    (b)    Duty of law enforcement officials.  It shall be 
 the duty of all county attorneys, sheriffs and other peace 
 officers, and other officers having authority in the enforcement 
 of the general criminal laws to take all action to the extent of 
 their authority, respectively, that may be necessary or proper 
 for the enforcement of said provisions, rules, standards, 
 orders, stipulation agreements, variances, schedule of 
 compliance, or permits. 

    Subd. 2a. Repealed, 1987 c 267 s 5 

    Subd. 2b. Repealed, 1987 c 267 s 5 

    Subd. 3.    Civil penalties.  Any person who violates 
 any provision of this chapter or chapter 114C or 116, except any 
 provisions of chapter 116 relating to air and land pollution 
 caused by agricultural operations which do not involve National 
 Pollutant Discharge Elimination System permits, or of (1) any 
 effluent standards and limitations or water quality standards, 
 (2) any permit or term or condition thereof, (3) any National 
 Pollutant Discharge Elimination System filing requirements, (4) 
 any duty to permit or carry out inspection, entry or monitoring 
 activities, or (5) any rules, stipulation agreements, variances, 
 schedules of compliance, or orders issued by the agency, shall 
 forfeit and pay to the state a penalty, in an amount to be 
 determined by the court, of not more than $10,000 per day of 
 violation except that if the violation relates to hazardous 
 waste the person shall forfeit and pay to the state a penalty, 
 in an amount to be determined by the court, of not more than 
 $25,000 per day of violation. 

    In addition, in the discretion of the court, the defendant 
 may be required to: 

    (a) forfeit and pay to the state a sum which will 
 adequately compensate the state for the reasonable value of 
 cleanup and other expenses directly resulting from unauthorized 
 discharge of pollutants, whether or not accidental; 

    (b) forfeit and pay to the state an additional sum to 
 constitute just compensation for any loss or destruction to 
 wildlife, fish or other aquatic life and for other actual 
 damages to the state caused by an unauthorized discharge of 
 pollutants. 

    As a defense to any of said damages, the defendant may 
 prove that the violation was caused solely by (1) an act of God, 
 (2) an act of war, (3) negligence on the part of the state of 
 Minnesota, or (4) an act or failure to act which constitutes 
 sabotage or vandalism, or any combination of the foregoing 
 clauses. 

    The civil penalties and damages provided for in this 
 subdivision may be recovered by a civil action brought by the 
 attorney general in the name of the state. 

    Subd. 4.    Injunctions.  Any violation of the 
 provisions, rules, standards, orders, stipulation agreements, 
 variances, schedules of compliance, or permits specified in this 
 chapter and chapters 114C and 116 shall constitute a public 
 nuisance and may be enjoined as provided by law in an action, in 
 the name of the state, brought by the attorney general. 

    Subd. 5.    Actions to compel performance.  In any 
 action to compel performance of an order of the agency for any 
 purposes relating to the prevention, control or abatement of 
 pollution under this chapter and chapters 114C and 116, the 
 court may require any defendant adjudged responsible to do and 
 perform any and all acts and things within the defendant's power 
 which are reasonably necessary to accomplish the purposes of the 
 order. In case a municipality or its governing or managing body 
 or any of its officers is a defendant, the court may require it 
 to exercise its powers, without regard to any limitation of any 
 requirement for an election or referendum imposed thereon by law 
 and without restricting the powers of the agency to do any or 
 all of the following, without limiting the generality hereof:  
 to levy taxes, levy special assessments, prescribe service or 
 use charges, borrow money, issue bonds, employ assistance, 
 acquire real or personal property, let contracts or otherwise 
 provide for the doing of work or the construction, installation, 
 maintenance, or operation of facilities, and do all other acts 
 and things reasonably necessary to accomplish the purposes of 
 the order, but the court shall grant the municipality the 
 opportunity to determine the appropriate financial alternatives 
 to be utilized in complying with the court imposed requirements. 

    Subd. 6.    Administrative penalties.  A provision of 
 law that may be enforced under this section may also be enforced 
 under section 116.072. 

    Subd. 7.    Underground storage tanks; red tags.  (a) 
 The commissioner may issue a red tag for failure to have the 
 regulated underground tank system protected from corrosion, 
 failure to have spill and overfill protection, or failure to 
 have a leak detection method in place.  A red tag may also be 
 issued for underground storage tank system violations if an 
 enforcement action, including, but not limited to, a citation as 
 defined in section 116.073, subdivision 1, has been issued and 
 the violations are not corrected.  Upon discovery of a violation 
 at a facility with an underground storage tank system, the 
 commissioner shall affix a red tag, in plain view, to the fill 
 pipe cap of the tank system that provides notice that delivery 
 of petroleum products to the tank system is prohibited.  When 
 the red tag is issued, agency staff must determine the product 
 level in the tank. 

    (b) No owner or operator of a facility having an 
 underground storage tank system shall fill or allow the filling 
 of a tank with a petroleum product while a red tag is affixed to 
 the fill pipe cap of the tank system. 

    (c) A person shall not remove, deface, alter, or otherwise 
 tamper with a red tag so that the information contained on the 
 tag is not legible. 

    (d) A red tag may not be removed until the commissioner has 
 inspected the underground storage tank system and established 
 that it is no longer in violation.  After making that 
 determination, the commissioner shall remove the red tag within 
 24 hours or as soon as reasonably possible.  Upon agreement by 
 the commissioner, the red tag may also be removed by an 
 agency-certified installer who provides documentation to the 
 commissioner that the violation for which the system was 
 red-tagged has been corrected. 

    (e) The issuance of a red tag may be appealed under section 
 116.072, subdivision 6, paragraphs (a) to (e), except that the 
 person subject to the order must request a hearing within 15 
 days after issuance of a red tag and, if a hearing is not 
 requested within the 15-day period, the red tag becomes a final 
 order not subject to further review. 

    HIST: 1973 c 374 s 13; 1976 c 76 s 3; 1983 c 373 s 1-4; 1984 c 
 628 art 3 s 11; 1984 c 655 art 1 s 18; 1985 c 248 s 70; 1986 c 
 444; 1987 c 267 s 1; 1988 c 553 s 1; 1990 c 391 art 10 s 3; 1991 
 c 347 art 1 s 2; 1993 c 249 s 6; 1996 c 437 s 12-16; 1998 c 379 
 s 1 

     115.072 Recovery of litigation costs and expenses. 

    In any action brought by the attorney general, in the name 
 of the state, pursuant to the provisions of this chapter and 
 chapters 114C and 116, for civil penalties, injunctive relief, 
 or in an action to compel compliance, if the state shall finally 
 prevail, and if the proven violation was willful, the state, in 
 addition to other penalties provided in this chapter, may be 
 allowed an amount determined by the court to be the reasonable 
 value of all or a part of the litigation expenses incurred by 
 the state.  In determining the amount of such litigation 
 expenses to be allowed, the court shall give consideration to 
 the economic circumstances of the defendant.  

    Amounts recovered under the provisions of this section and 
 section 115.071, subdivisions 3 to 5, shall be paid into the 
 environmental fund in the state treasury to the extent provided 
 in section 115.073. 

    HIST: 1973 c 374 s 14; 1991 c 347 art 1 s 3; 1996 c 437 s 17 

     115.073 Enforcement funding. 

    Except as provided in sections 115B.20, subdivision 4, 
 clause (2); 115C.05; and 473.845, subdivision 8, all money 
 recovered by the state under this chapter and chapters 115A and 
 116, including civil penalties and money paid under an 
 agreement, stipulation, or settlement, excluding money paid for 
 past due fees or taxes, up to the amount appropriated for 
 implementation of Laws 1991, chapter 347, must be deposited in 
 the state treasury and credited to the environmental fund. 

    HIST: 1991 c 347 art 1 s 4 

     115.075 Information and monitoring. 

    A person may not: 

    (1) make a false material statement, representation, or 
 certification in; omit material information from; or alter, 
 conceal, or fail to file or maintain a notice, application, 
 record, report, plan, manifest, or other document required under 
 section 103F.701 or this chapter or chapter 114C, 115A, or 116; 
 or 

    (2) falsify, tamper with, render inaccurate, or fail to 
 install a monitoring device or method required to be maintained 
 or followed for the purpose of compliance with sections 103F.701 
 to 103F.761 or this chapter or chapter 114C, 115A, or 116. 

    HIST: 1991 c 347 art 1 s 5; 1996 c 437 s 18 

     115.076 Background of permit applicants. 

    Subdivision 1.    Authority of commissioner.  (a) The 
 agency may refuse to issue or to authorize the transfer of: 

    (1) a hazardous waste facility permit or a solid waste 
 facility permit to construct or operate a commercial waste 
 facility as defined in section 115A.03, subdivision 6, if the 
 agency determines that the permit applicant does not possess 
 sufficient expertise and competence to operate the facility in 
 conformance with the requirements of this chapter and chapters 
 114C and 116, or if other circumstances exist that demonstrate 
 that the permit applicant may not operate the facility in 
 conformance with the requirements of this chapter and chapters 
 114C and 116; or 

    (2) an animal feedlot facility permit, under section 
 116.07, subdivision 7, to construct or operate an animal feedlot 
 facility, if the agency determines that the permit applicant 
 does not possess sufficient expertise and competence to operate 
 the feedlot facility in conformance with the requirements of 
 this chapter and chapter 116 or if other circumstances exist 
 that demonstrate that the permit applicant may not operate the 
 feedlot facility in conformance with the requirements of this 
 chapter and chapter 116.  

    (b) In making a determination under paragraph (a), the 
 agency may consider: 

    (1) the experience of the permit applicant in constructing 
 or operating commercial waste facilities or animal feedlot 
 facilities; 

    (2) the expertise of the permit applicant; 

    (3) the past record of the permit applicant in operating 
 commercial waste facilities or animal feedlot facilities in 
 Minnesota and other states; 

    (4) any criminal convictions of the permit applicant in 
 state or federal court during the past five years that bear on 
 the likelihood that the permit applicant will operate the 
 facility in conformance with the applicable requirements of this 
 chapter and chapters 114C and 116; and 

    (5) in the case of a corporation or business entity, any 
 criminal convictions in state or federal court during the past 
 five years of any of the permit applicant's officers, partners, 
 or facility managers that bear on the likelihood that the 
 facility will be operated in conformance with the applicable 
 requirements of this chapter and chapters 114C and 116. 

    Subd. 2.    Permit applicant.  For purposes of this 
 section, a permit applicant includes a natural person, a 
 partnership and its owners, and a corporation and its parent. 

    Subd. 3.    Investigation.  The commissioner may conduct 
 an investigation to assist in making determinations under 
 subdivision 1.  The reasonable costs of any investigation must 
 be paid by the permit applicant. 

    Subd. 4.    Notice of permit denial.  The agency may not 
 refuse to issue or transfer a permit under this section without 
 first providing the permit applicant with the relevant 
 information and with an opportunity to respond by commenting on 
 the information and submitting additional information regarding 
 the circumstances surrounding the conviction, corrective 
 measures to prevent recurrence, the applicant's rehabilitation, 
 and technical and managerial experience.  In making a final 
 decision on the permit, the agency shall consider the permit 
 applicant's response prior to making a final decision on the 
 permit. 

    Subd. 5.    Hearing.  If the agency proposes to deny a 
 permit under this section, the permit applicant may request a 
 hearing under chapter 14.  The permit applicant may request that 
 the hearing be held under Minnesota Rules, parts 1400.8510 to 
 1400.8612. 

    HIST: 1991 c 347 art 1 s 6; 1996 c 437 s 19; 1998 c 401 s 39 

     115.08 Interpretation.  

    Sections 115.01 to 115.09 shall not be construed as 
 repealing any of the provisions of law relating to the pollution 
 of any waters of the state, but shall be held and construed as 
 supplementing the same and in addition to the laws now in force, 
 except as the same may be in direct conflict herewith.  

    HIST: 1945 c 395 s 7 

     115.09 Citation, Water Pollution Control Act.  

    Sections 115.01 to 115.09 may be cited as the State Water 
 Pollution Control Act.  

    HIST: 1945 c 395 s 11 

  115.091 Repealed, 1990 c 391 art 10 s 4 

  115.092 Repealed, 1990 c 391 art 10 s 4 

  115.093 Repealed, 1990 c 391 art 10 s 4 

  115.094 Repealed, 1990 c 391 art 10 s 4 

  115.095 Repealed, 1990 c 391 art 10 s 4 

  115.096 Repealed, 1990 c 391 art 10 s 4 

  115.097 Repealed, 1990 c 391 art 10 s 4 

  115.098 Repealed, 1990 c 391 art 10 s 4 

  115.099 Repealed, 1990 c 391 art 10 s 4 

  115.10 Repealed, 1990 c 391 art 10 s 4 

  115.101 Repealed, 1990 c 391 art 10 s 4 

  115.102 Repealed, 1990 c 391 art 10 s 4 

  115.103 Repealed, 1990 c 391 art 10 s 4 

    115.15 Subdivision 1.  Repealed, 1Sp1981 c 4 art 1 
 s 188 

    Subd. 2. Repealed, 1969 c 9 s 20; 1Sp 1981 c 4 art 
 1 s 188 

    Subd. 3. Repealed, 1Sp1981 c 4 art 1 s 188 

    Subd. 4. Repealed, 1Sp1981 c 4 art 1 s 188 

    Subd. 5. Repealed, 1Sp1981 c 4 art 1 s 188 

  115.16 Repealed, 1Sp1981 c 4 art 1 s 188 

  115.17 Repealed, 1975 c 61 s 26 

     115.18 Sanitary districts; definitions.  

    Subdivision 1.    Applicability.  As used in sections 
 115.18 to 115.37, the terms defined in this section have the 
 meanings given them except as otherwise provided or indicated by 
 the context.  

    Subd. 2.  Repealed, 1969 c 9 s 20 

    Subd. 3.  MS 1990 Renumbered subd 6 

    Subd. 3.    Additional terms.  The terms defined in 
 section 115.01, as now in force or hereafter amended, have the 
 meanings given them therein. 

    Subd. 4.  MS 1990 Renumbered subd 5 

    Subd. 4.    Agency.  "Agency" means the Minnesota 
 pollution control agency.  

    Subd. 5.  MS 1990 Renumbered subd 10 

    Subd. 5.    Board.  "Board" means the board of managers 
 of a sanitary district.  

    Subd. 6.  MS 1990 Renumbered subd 8 

    Subd. 6.    District.  "District" means a sanitary 
 district created under the provisions of sections 115.18 to 
 115.37.  

    Subd. 7.  MS 1990 Renumbered subd 9 

    Subd. 7.    Municipality.  "Municipality" means a city, 
 however organized. 

    Subd. 8.  MS 1990 Renumbered subd 7 

    Subd. 8.    Related governmental subdivision or body.  
 "Related governmental subdivision" means a municipality or 
 organized town wherein there is a territorial unit of a 
 district, or, in the case of an unorganized area, the county.  
 "Related governing body" means the governing body of a related 
 governmental subdivision, and, in the case of an organized town, 
 means the town board.  

    Subd. 9.  MS 1990 Renumbered subd 3 

    Subd. 9.    Statutory city.  "Statutory city" means a 
 city organized as provided by chapter 412, under the plan other 
 than optional.  

    Subd. 10.  MS 1990 Renumbered subd 4 

    Subd. 10.    Territorial unit.  "Territorial unit" means 
 all that part of the territory of a district situated within a 
 single municipality, a single organized town outside of any 
 municipality, or, in the case of an unorganized area, within a 
 single county.  

    HIST: Ex1961 c 20 s 4; 1969 c 9 s 18; 1973 c 123 art 5 s 7 

     115.19 Creation; purpose; exceptions. 

    A sanitary district may be created under the provisions of 
 sections 115.18 to 115.37 for any territory embracing an area or 
 a group of two or more adjacent areas, whether contiguous or 
 separate, but not situated entirely within the limits of a 
 single municipality, for the purpose of promoting the public 
 health and welfare by providing an adequate and efficient system 
 and means of collecting, conveying, pumping, treating and 
 disposing of domestic sewage and garbage and industrial wastes 
 within the district, in any case where the agency finds that 
 there is need throughout the territory for the accomplishment of 
 these purposes, that these purposes can be effectively 
 accomplished on an equitable basis by a district if created, and 
 that the creation and maintenance of such a district will be 
 administratively feasible and in furtherance of the public 
 health, safety, and welfare; but subject to the following 
 exceptions: 

    No district shall be created within 25 miles of the 
 boundary of any city of the first class without the approval of 
 the governing body thereof and the approval of the governing 
 body of each and every municipality in the proposed district by 
 resolution filed with the agency.  

    HIST: Ex1961 c 20 s 5; 1969 c 9 s 21; 1992 c 601 s 3 

     115.20 Proceeding to create district. 

    Subdivision 1.  (a) A proceeding for the creation of a 
 district may be initiated by a petition to the agency, filed 
 with its secretary, containing the following: 

    (1) A request for creation of the proposed district; 

    (2) The name proposed for the district, to include the 
 words "sanitary district"; 

    (3) A description of the territory of the proposed 
 district; 

    (4) A statement showing the existence in such territory of 
 the conditions requisite for creation of a district as 
 prescribed in section 115.19; 

    (5) A statement of the territorial units represented by and 
 the qualifications of the respective signers; 

    (6) The post office address of each signer, given under the 
 signer's signature.  A petition may consist of separate writings 
 of like effect, each signed by one or more qualified persons, 
 and all such writings, when filed, shall be considered together 
 as a single petition.  

    (b) A public meeting must be held to inform citizens of the 
 proposed creation of the district.  At the meeting, information 
 must be provided, including a description of the district's 
 proposed structure, bylaws, territory, ordinances, budget, and 
 charges.  Notice of the meeting must be published for two 
 successive weeks in a qualified newspaper published within the 
 territory of the proposed district or, if there is no qualified 
 newspaper published within the territory, in a qualified 
 newspaper of general circulation in the territory, and by 
 posting for two weeks in each territorial unit of the proposed 
 district.  A record of the meeting must be submitted to the 
 agency with the petition. 

    Subd. 2.  Every petition shall be signed as follows: 

    (1) For each municipality wherein there is a territorial 
 unit of the proposed district, by an authorized officer or 
 officers pursuant to a resolution of the municipal governing 
 body; 

    (2) For each organized town wherein there is a territorial 
 unit of the proposed district, by an authorized officer or 
 officers pursuant to a resolution of the town board; 

    (3) For each county wherein there is a territorial unit of 
 the proposed district consisting of an unorganized area, by an 
 authorized officer or officers pursuant to a resolution of the 
 county board, or by at least 20 percent of the voters residing 
 and owning land within the unit.  

    Each resolution shall be published in the official 
 newspaper of the governing body adopting it and shall become 
 effective 40 days after publication, unless within said period 
 there shall be filed with the governing body a petition signed 
 by qualified electors of a territorial unit of the proposed 
 district, equal in number to five percent of the number of such 
 electors voting at the last preceding election of the governing 
 body, requesting a referendum on the resolution, in which case 
 the resolution may not become effective until approved by a 
 majority of the qualified electors voting at a regular election 
 or special election which the governing body may call.  The 
 notice of any election and the ballot to be used shall contain 
 the text of the resolution followed by the question:  "Shall the 
 above resolution be approved?" 

    If any signer is alleged to be a landowner in a territorial 
 unit, a statement as to the signer's landowner status as shown 
 by the county auditor's tax assessment records, certified by the 
 auditor, shall be attached to or endorsed upon the petition.  

    Subd. 3.  At any time before publication of the public 
 notice required in subdivision 4, or before the public hearing, 
 if required under subdivision 4, additional signatures may be 
 added to the petition or amendments of the petition may be made 
 to correct or remedy any error or defect in signature or 
 otherwise except a material error or defect in the description 
 of the territory of the proposed district.  No proceeding shall 
 be invalidated on account of any error or defect in the petition 
 unless questioned by an interested party before the reception of 
 evidence begins at the hearing except a material error or defect 
 in the description of the territory of the proposed district.  
 If the qualifications of any signer of a petition are 
 challenged, the agency or its agent shall determine the 
 challenge forthwith on the allegations of the petition, the 
 county auditor's certificate of land ownership, and such other 
 evidence as may be received.  

    Subd. 4.  (a) Upon receipt of a petition and the record of 
 the public meeting required under subdivision 1, the agency 
 shall publish a notice in the State Register and mail a copy to 
 each property owner in the affected territory at the owner's 
 address as given by the county auditor.  The mailed copy must 
 state the date that the notice will appear in the State 
 Register.  Copies need not be sent by registered mail.  The 
 notice must: 

    (1) describe the petition for creation of the district; 

    (2) describe the territory affected by the petition; 

    (3) allow 30 days for submission of written comments on the 
 petition; 

    (4) state that a person who objects to the petition may 
 submit a written request for hearing to the agency within 30 
 days of the publication of the notice in the State Register; and 

    (5) state that if a timely request for hearing is not 
 received, the agency may make a decision on the petition at a 
 future meeting of the agency. 

    (b) If 25 or more timely requests for hearing are received, 
 the agency must hold a hearing on the petition in accordance 
 with the contested case provisions of chapter 14. 

    Subd. 5.  After the public notice period or the public 
 hearing, if required under subdivision 4, and based on the 
 petition, any public comments received, and, if a hearing was 
 held, the hearing record, the agency shall make findings of fact 
 and conclusions determining whether or not the conditions 
 requisite for the creation of a district exist in the territory 
 described in the petition.  If the agency finds that conditions 
 exist, it may make an order creating a district for the 
 territory described in the petition under the name proposed in 
 the petition or such other name, including the words "sanitary 
 district," as the agency deems appropriate.  

    Subd. 6.  If the agency, after the conclusion of the public 
 notice period or the holding of a hearing, if required, 
 determines that the creation of a district in the territory 
 described in the petition is not warranted, it shall make an 
 order denying the petition.  The secretary of the agency shall 
 give notice of such denial by mail to each signer of the 
 petition.  No petition for the creation of a district consisting 
 of the same territory shall be entertained within a year after 
 the date of an order, but this shall not preclude action on a 
 petition for the creation of a district embracing part of the 
 territory with or without other territory. 

    Subd. 7.  Notice of the making of every order of the agency 
 creating a sanitary district, referring to the date of the order 
 and describing the territory of the district, shall be given by 
 the secretary in like manner as for notice of the hearing on the 
 petition for creation of the district.  

    Subd. 8.  An appeal may be taken from an order of the 
 agency creating or dissolving a district, annexing territory to 
 or detaching territory from a district, or denying a petition 
 for any such action, as now or hereafter provided for appeals 
 from other orders of the agency except that the giving of notice 
 of the order as provided in subdivision 7 shall be deemed notice 
 thereof to all interested parties, and the time for appeal by 
 any party shall be limited to 30 days after completion of the 
 mailing of copies of the order or after expiration of the 
 prescribed period of posting or publication, whichever is latest.
 The validity of the creation of a district shall not be 
 otherwise questioned.  

    Subd. 9.  Upon expiration of the time for appeal from an 
 order of the agency creating a district, or, in case of an 
 appeal, upon the taking effect of a final judgment of a court of 
 competent jurisdiction sustaining the order, the secretary of 
 the agency shall deliver a certified copy of the order to the 
 secretary of state for filing.  Thereupon the creation of the 
 district shall be deemed complete, and it shall be conclusively 
 presumed that all requirements of law relating thereto have been 
 complied with.  The secretary of the agency shall also transmit 
 a certified copy of the order for filing to the county auditor 
 of each county and the clerk or recorder of each municipality 
 and organized town wherein any part of the territory of the 
 district is situated and to the secretary of the district board 
 when elected.  

    HIST: Ex1961 c 20 s 6; 1969 c 9 s 21; 1982 c 424 s 130; 1986 c 
 444; 1992 c 601 s 4-9 

     115.21 Annexation, detachment, and dissolution.  

    Subdivision 1.  An area adjacent to an existing district 
 may be annexed thereto upon a petition to the agency stating the 
 grounds therefor as hereinafter provided, signed by an 
 authorized officer or officers of the district pursuant to a 
 resolution of the board, also signed with respect to the area 
 proposed for annexation in like manner as provided for a 
 petition for creation of a district.  Except as otherwise 
 provided, a proceeding for annexation shall be governed by the 
 provisions now or hereafter in force relating to proceedings for 
 the creation of districts, so far as applicable.  For the 
 purpose of giving the required notices the territory involved 
 shall comprise the area proposed for annexation together with 
 the entire territory of the district.  If the agency determines 
 that the requisite conditions exist in the area proposed for 
 annexation together with the territory of the district, it may 
 make an order for annexation accordingly.  All taxable property 
 within the annexed area shall be subject to taxation for any 
 existing bonded indebtedness or other indebtedness of the 
 district for the cost of acquisition, construction, or 
 improvement of any disposal system or other works or facilities 
 beneficial to the annexed area to such extent as the agency may 
 determine to be just and equitable, to be specified in the order 
 for annexation.  The proper officers shall levy further taxes on 
 such property accordingly.  

    Subd. 2.  An area within a district may be detached 
 therefrom upon a petition to the agency stating the grounds 
 therefor as hereinafter provided, signed by an authorized 
 officer or officers of the district pursuant to a resolution of 
 the board, also signed with respect to the area proposed for 
 detachment in like manner as provided for a petition for 
 creation of a district.  Except as otherwise provided, a 
 proceeding for detachment shall be governed by the provisions 
 now or hereafter in force relating to proceedings for the 
 creation of districts, so far as applicable.  For the purpose of 
 giving the required notices the territory involved shall 
 comprise the entire territory of the district.  If the agency 
 determines that the requisite conditions for inclusion in a 
 district no longer exist in the area proposed for detachment, it 
 may make an order for detachment accordingly.  All taxable 
 property within the detached area shall remain subject to 
 taxation for any existing bonded indebtedness of the district to 
 such extent as it would have been subject thereto if not 
 detached, and shall also remain subject to taxation for any 
 other existing indebtedness of the district incurred for any 
 purpose beneficial to such area to such extent as the agency may 
 determine to be just and equitable, to be specified in the order 
 for detachment.  The proper officers shall levy further taxes on 
 such property accordingly.  

    Subd. 3.  Different areas may be annexed to and detached 
 from a district in a single proceeding upon a joint petition 
 therefor and upon compliance with the provisions of subdivisions 
 1 and 2 with respect to the area affected so far as applicable.  

    Subd. 4.  A district may be dissolved upon a petition to 
 the agency stating the grounds for dissolution as hereinafter 
 provided, signed by an authorized officer or officers of the 
 district pursuant to a resolution of the board, and containing a 
 proposal for distribution of the remaining funds of the 
 district, if any, among the related governmental subdivisions.  
 Except as otherwise provided, a proceeding for dissolution shall 
 be governed by the provisions now or hereafter in force relating 
 to proceedings for the creation of districts, so far as 
 applicable.  If the commission determines that the conditions 
 requisite for the creation of the district no longer exist 
 therein, that all indebtedness of the district has been paid, 
 and that all property of the district except funds has been 
 disposed of, it may make an order dissolving the district and 
 directing the distribution of its remaining funds, if any, among 
 the related governmental subdivisions on such basis as the 
 agency determines to be just and equitable, to be specified in 
 the order.  Certified copies of the order for dissolution shall 
 be transmitted and filed as provided for an order creating a 
 district.  The secretary of the agency shall also transmit a 
 certified copy of the order to the treasurer of the district, 
 who shall thereupon distribute the remaining funds of the 
 district as directed by the order, and shall be responsible for 
 such funds until so distributed.  

    HIST: Ex1961 c 20 s 7; 1969 c 9 s 21 

     115.22 Petitioners to pay expenses.  

    Expenses of the preparation and submission of petitions in 
 proceedings under sections 115.19 to 115.21 shall be paid by the 
 petitioners.  Expenses of hearings therein shall be paid out of 
 any available funds appropriated for the agency.  

    HIST: Ex1961 c 20 s 8; 1969 c 9 s 21 

     115.23 Board of managers of district.  

    Subdivision 1.  The governing body of each district shall 
 be a board of managers of five members, who shall be voters 
 residing in the district, and who may but need not be officers, 
 members of governing bodies, or employees of the related 
 governmental subdivisions, except that where there are more than 
 five territorial units in a district there shall be one board 
 member for each unit.  

    Subd. 2.  The terms of the first board members elected 
 after creation of a district shall be so arranged and determined 
 by the electing body as to expire on the first business day in 
 January as follows: 

    (1) The terms of two members in the second calendar year 
 after the year in which they were elected; 

    (2) The terms of two other members in the third calendar 
 year after the year in which they were elected; 

    (3) The term of the remaining member in the fourth calendar 
 year after the year in which the member was elected.  In case a 
 board has more than five members the additional members shall be 
 assigned to the groups hereinbefore provided for so as to 
 equalize such groups as far as practicable.  Thereafter board 
 members shall be elected successively for regular terms 
 beginning on expiration of the preceding terms and expiring on 
 the first business day in January of the third calendar year 
 thereafter.  Each board member shall serve until a successor is 
 elected and has qualified.  

    Subd. 3.  In a district having only one territorial unit 
 all the members of the board shall be elected by the related 
 governing body.  In a district having more than one territorial 
 unit the members of the board shall be elected by the members of 
 the related governing bodies in joint session except as 
 otherwise provided.  The electing bodies concerned shall meet 
 and elect the first board members of a new district as soon as 
 practicable after creation of the district, and shall meet and 
 elect board members for succeeding regular terms as soon as 
 practicable after November 1 next preceding the beginning of the 
 terms to be filled, respectively.  

    Subd. 4.  Upon the creation of a district having more than 
 one territorial unit the agency, on the basis of convenience for 
 joint meeting purposes, shall designate one of the related 
 governing bodies as the central related governing body in the 
 order creating the district or in a subsequent special order, of 
 which the secretary of the agency shall notify the clerks or 
 recorders of all the related governing bodies.  Upon receipt of 
 such notification, the clerk or recorder of the central related 
 governing body shall immediately transmit the same to the 
 presiding officer of such body.  Such officer shall thereupon 
 call a joint meeting of the members of all the related governing 
 bodies to elect board members, to be held at such time as the 
 officer shall fix at the regular meeting place of the officer's 
 governing body or at such other place in the district as the 
 officer shall determine.  At least ten days' notice of the 
 meeting shall be given by mail by the clerk or recorder of such 
 body to the clerks or recorders of all the other related 
 governing bodies, who shall immediately transmit such notice to 
 all the members of such bodies, respectively.  Subsequent joint 
 meetings to elect board members for regular terms shall be 
 called and held in like manner.  The presiding officer and the 
 clerk or recorder of the central related governing body shall 
 act respectively as chair and secretary of the joint electing 
 body at any meeting thereof, but in case of the absence or 
 disability of either of them such body may elect a temporary 
 substitute.  A majority of the members of each related governing 
 body shall be required for a quorum at any meeting of the joint 
 electing body.  

    Subd. 5.  Nominations for board members may be made by 
 petitions, each signed by ten or more voters residing and owning 
 land in the district, filed with the clerk, recorder, or 
 secretary of the electing body before the election meeting.  No 
 person shall sign more than one petition.  The electing body 
 shall give due consideration to all such nominations but shall 
 not be limited thereto.  

    Subd. 6.  In the case of an electing body consisting of a 
 single related governing body, a majority vote of all the 
 members shall be required for an election.  In the case of a 
 joint electing body, a majority vote of the members present 
 shall be required for an election.  In case of lack of a quorum 
 or failure to elect, a meeting of an electing body may be 
 adjourned to a stated time and place without further notice.  

    Subd. 7.  In any district having more than one territorial 
 unit the related governing bodies, instead of meeting in joint 
 session, may elect a board member by resolutions adopted by all 
 of them separately, concurring in the election of the same 
 person.  A majority vote of all the members of each related 
 governing body shall be required for the adoption of any such 
 resolution.  The clerks or recorders of the other related 
 governing bodies shall transmit certified copies of such 
 resolutions to the clerk or recorder of the central related 
 governing body.  Upon receipt of concurring resolutions from all 
 the related governing bodies, the presiding officer and clerk or 
 recorder of the central related governing body shall certify the 
 results and furnish certificates of election as provided for a 
 joint meeting.  

    Subd. 8.  Any vacancy in the membership of a board shall be 
 filled for the unexpired term in like manner as provided for the 
 regular election of board members.  

    Subd. 9.  The presiding and recording officers of the 
 electing body shall certify the results of each election to the 
 secretary of the agency, to the county auditor of each county 
 wherein any part of the district is situated, and to the clerk 
 or recorder of each related governing body, and shall make and 
 transmit to each board member elected a certificate of the board 
 member's election.  Upon electing the first board members of a 
 district, the presiding officer of the electing body shall 
 designate one of them to serve as temporary chair for the 
 purposes of initial organization of the board, and the recording 
 officer of the body shall include written notice thereof to all 
 the board members with their certificates of election.  

    HIST: Ex1961 c 20 s 9; 1969 c 9 s 21; 1986 c 444 

     115.24 Organization and procedure of board.  

    Subdivision 1.  As soon as practicable after the election 
 of the first board members of a district they shall meet at the 
 call of the temporary chair to elect officers and take other 
 appropriate action for organization and administration of the 
 district.  Each board shall hold a regular annual meeting at the 
 call of the chair or otherwise as it shall prescribe on or as 
 soon as practicable after the first business day in January of 
 each year, and such other regular and special meetings as it 
 shall prescribe.  

    Subd. 2.  The officers of each district shall be a chair 
 and a vice-chair, who shall be members of the board, and a 
 secretary and a treasurer, who may but need not be members of 
 the board.  The board of a new district at its initial meeting 
 or as soon thereafter as practicable shall elect the officers to 
 serve until the first business day in January next following.  
 Thereafter the board shall elect the officers at each regular 
 annual meeting for terms expiring on the first business day in 
 January next following.  Each officer shall serve until a 
 successor is elected and has qualified.  

    Subd. 3.  The board at its initial meeting or as soon 
 thereafter as practicable shall provide for suitable places for 
 board meetings and for offices of the district officers, and may 
 change the same thereafter as it deems advisable.  Such meeting 
 place and offices may be the same as those of any related 
 governing body, with the approval of such body.  The secretary 
 of the board shall notify the secretary of state, the secretary 
 of the agency, the county auditor of each county wherein any 
 part of the district is situated, and the clerk or recorder of 
 each related governing body of the locations and post office 
 addresses of such meeting place and offices and any changes 
 therein.  

    Subd. 4.  At any time before the proceeds of the first tax 
 levy in a district become available the district board may 
 prepare a budget comprising an estimate of the expenses of 
 organizing and administering the district until such proceeds 
 are available, with a proposal for apportionment of the 
 estimated amount among the related governmental subdivisions, 
 and may request the governing bodies thereof to advance funds in 
 accordance with the proposal.  Such governing bodies may 
 authorize advancement of the requested amounts, or such part 
 thereof as they respectively deem proper, from any funds 
 available in their respective treasuries.  The board shall 
 include in its first tax levy after receipt of any such 
 advancements a sufficient sum to cover the same and shall cause 
 the same to be repaid, without interest, from the proceeds of 
 taxes as soon as received.  

    HIST: Ex1961 c 20 s 10; 1969 c 9 s 21; 1986 c 444 

     115.25 Status and powers of district.  

    Subdivision 1.  Every district shall be a public 
 corporation and a governmental subdivision of the state, and 
 shall be deemed to be a municipality or municipal corporation 
 for the purpose of obtaining federal or state grants or loans or 
 otherwise complying with any provision of federal or state law 
 or for any other purpose relating to the powers and purposes of 
 the district for which such status is now or hereafter required 
 by law.  

    Subd. 2.  Every district shall have the powers and purposes 
 prescribed by sections 115.18 to 115.37 and such others as may 
 now or hereafter be prescribed by law.  No express grant of 
 power or enumeration of powers herein shall be deemed to limit 
 the generality or scope of any grant of power.  

    Subd. 3.  Except as otherwise provided, a power or duty 
 vested in or imposed upon a district or any of its officers, 
 agents, or employees shall not be deemed exclusive and shall not 
 supersede or abridge any power or duty vested in or imposed upon 
 any other agency of the state or any governmental subdivision 
 thereof, but shall be supplementary thereto.  

    Subd. 4.  All the powers of a district shall be exercised 
 by its board of managers except so far as approval of any action 
 by popular vote or by any other authority may be expressly 
 required by law. 

    Subd. 5.  A district may sue and be sued and may enter into 
 any contract necessary or proper for the exercise of its powers 
 or the accomplishment of its purposes.  

    Subd. 6.  A district may acquire by purchase, gift, or 
 condemnation or may lease or rent any real or personal property 
 within or without the district which may be necessary for the 
 exercise of its powers or the accomplishment of its purposes, 
 may hold such property for such purposes, and may lease or rent 
 out or sell or otherwise dispose of any such property so far as 
 not needed for such purposes.  

    Subd. 7.  A district may accept gifts, grants, or loans of 
 money or other property from the United States, the state, or 
 any person, corporation, or other entity for district purposes, 
 may enter into any agreement required in connection therewith, 
 and may hold, use, and dispose of such money or property in 
 accordance with the terms of the gift, grant, loan, or agreement 
 relating thereto.  

    HIST: Ex1961 c 20 s 11 

     115.26 Specific purposes and powers. 

    Subdivision 1.  A district may construct, install, improve, 
 maintain, and operate any system, works, or facilities within or 
 without the district required to control and prevent pollution 
 of any waters of the state within its territory.  

    Subd. 2.  A district may construct, install, improve, 
 maintain, and operate any system, works, or facilities within or 
 without the district required to provide for, regulate, and 
 control the disposal of sewage, industrial waste and other waste 
 originating within its territory.  The district may require any 
 person upon whose premises there is any source of sewage, 
 industrial waste, or other waste within the district to connect 
 the same with the disposal system, works, or facilities of the 
 district whenever reasonable opportunity therefor is provided.  

    Subd. 3.  A district may construct, install, improve, 
 maintain, and operate any system, works, or facilities within or 
 without the district required to provide for, regulate, and 
 control the disposal of garbage or refuse originating within the 
 district, and may require any person upon whose premises any 
 garbage or refuse is produced or accumulated to dispose thereof 
 through the system, works, or facilities of the district 
 whenever reasonable opportunity therefor is provided.  

    Subd. 4.  A district may procure supplies of water so far 
 as necessary for any purpose under subdivisions 1, 2, and 3, and 
 may construct, install, improve, maintain, and operate any 
 system, works, or facilities required therefor within or without 
 the district.  

    Subd. 5.  (a) In order to maintain the integrity of and 
 facilitate access to district systems, works, or facilities, the 
 district may maintain and repair a road by agreement with the 
 entity that was responsible for the performance of maintenance 
 and repair immediately prior to the agreement.  Maintenance and 
 repair includes, but is not limited to, providing lighting, snow 
 removal, and grass mowing. 

    (b) A district shall establish a taxing subdistrict of 
 benefited property and shall levy special taxes, pursuant to 
 section 115.33, subdivision 2, for the purposes of paying the 
 cost of improvement or maintenance of a road under paragraph (a).

    (c) For purposes of this subdivision, a district shall not 
 be construed as a road authority under chapter 160. 

    (d) The district and its officers and employees are exempt 
 from liability for any tort claim for injury to person or 
 property arising from travel on a road maintained by the 
 district and related to its maintenance or condition. 

    HIST: Ex1961 c 20 s 12; 1996 c 471 art 13 s 2 

     115.27 District projects and facilities.  

    Subdivision 1.  For the purpose of constructing, improving, 
 maintaining, or operating any system, works, or facilities 
 designed or used for any purpose under section 115.26, a 
 district, its officers, agents, employees, and contractors may 
 enter, occupy, excavate, and otherwise operate it, upon, under, 
 through, or along any public highway, including a state trunk 
 highway, or any street, park, or other public grounds so far as 
 necessary for such work, with the approval of the governing body 
 or other authority in charge of the public property affected and 
 on such terms as may be agreed upon with such governing body or 
 authority respecting interference with public use, restoration 
 of previous conditions, compensation for damages, and other 
 pertinent matters.  If such an agreement cannot be reached after 
 reasonable opportunity therefor, the district may acquire the 
 necessary rights, easements, or other interests in such public 
 property by condemnation, subject to all applicable provisions 
 of law as in case of taking private property, upon condition 
 that the court shall determine that there is paramount public 
 necessity for such acquisition.  

    Subd. 2.  A district may, upon such terms as may be agreed 
 upon with the respective governing bodies or authorities 
 concerned, provide for connecting with or using or may lease or 
 acquire and take over any system, works, or facilities for any 
 purpose under section 115.26 belonging to any other governmental 
 subdivision or other public agency.  

    Subd. 3.  A district may, upon such terms as may be agreed 
 upon with the respective governing bodies or authorities 
 concerned, authorize the use by any other governmental 
 subdivision or other public agency of any system, works, or 
 facilities of the district constructed for any purpose under 
 section 115.26 so far as the capacity thereof is sufficient 
 beyond the needs of the district.  A district may extend any 
 such system, works, or facilities and permit the use thereof by 
 persons outside the district, so far as the capacity thereof is 
 sufficient beyond the needs of the district, upon such terms as 
 the board may prescribe.  

    Subd. 4.  A district may be a party to a joint cooperative 
 project, undertaking, or enterprise with any one or more other 
 governmental subdivisions or other public agencies for any 
 purpose under section 115.26 upon such terms as may be agreed 
 upon between the governing bodies or authorities concerned.  
 Without limiting the effect of the foregoing provision or any 
 other provisions of sections 115.18 to 115.37, a district, with 
 respect to any of said purposes, may act under and be subject to 
 the provisions of section 471.59, as now in force or hereafter 
 amended, or any other appropriate law now in force or hereafter 
 enacted providing for joint or cooperative action between 
 governmental subdivisions or other public agencies.  

    HIST: Ex1961 c 20 s 13 

     115.28 Control of sanitary facilities.  

    A district may regulate and control the construction, 
 maintenance, and use of privies, cesspools, septic tanks, 
 toilets, and other facilities and devices for the reception or 
 disposal of human or animal excreta or other domestic wastes 
 within its territory so far as necessary to prevent nuisances or 
 pollution or to protect the public health, safety, and welfare, 
 and may prohibit the use of any such facilities or devices not 
 connected with a district disposal system, works, or facilities 
 whenever reasonable opportunity for such connection is provided; 
 provided, that the authority of a district under this section 
 shall not extend or apply to the construction, maintenance, 
 operation, or use by any person other than the district of any 
 disposal system or part thereof within the district under and in 
 accordance with a valid and existing permit heretofore or 
 hereafter issued by the agency.  

    HIST: Ex1961 c 20 s 14; 1969 c 9 s 21 

     115.29 District programs, surveys, and studies.  

    A district may develop general programs and particular 
 projects within the scope of its powers and purposes, and may 
 make all surveys, studies, and investigations necessary therefor.

    HIST: Ex1961 c 20 s 15 

     115.30 General and statutory city powers.  

    A district may do and perform all other acts and things 
 necessary or proper for the effectuation of its powers and the 
 accomplishment of its purposes.  Without limiting the effect of 
 the foregoing provision or any other provision of sections 
 115.18 to 115.37, a district, with respect to each and all of 
 said powers and purposes, shall have like powers as are vested 
 in statutory cities with respect to any similar purposes, and 
 the exercise of such powers by a district and all matters 
 pertaining thereto shall be governed by the provisions of law 
 relating to the exercise of similar powers by statutory cities 
 and matters pertaining thereto, so far as applicable, with like 
 force and effect, except as otherwise provided.  

    HIST: Ex1961 c 20 s 16; 1973 c 123 art 5 s 7 

     115.31 Advisory committee.  

    The board may appoint an advisory committee with such 
 membership and duties as it may prescribe.  

    HIST: Ex1961 c 20 s 17 

     115.32 Powers of board. 

    Subdivision 1.   Generally.  The board of managers of 
 every district shall have charge and control of all the funds, 
 property, and affairs of the district.  With respect thereto, 
 the board shall have like powers and duties as are provided by 
 law for a statutory city council with respect to similar 
 statutory city matters, except as otherwise provided. Except as 
 otherwise provided, the chair, vice-chair, secretary, and 
 treasurer of the district shall have like powers and duties, 
 respectively, as the mayor, acting mayor, clerk, and treasurer 
 of a statutory city.  Except as otherwise provided the exercise 
 of the powers and the performance of the duties of the board and 
 officers of the district and all other activities, transactions, 
 and procedures of the district or any of its officers, agents, 
 or employees, respectively, shall be governed by the provisions 
 of law relating to similar matters in a statutory city, so far 
 as applicable, with like force and effect. 

    Subd. 2.    Regulation of district.  The board may enact 
 ordinances, prescribe regulations, adopt resolutions, and take 
 other appropriate action relating to any matter within the 
 powers and purposes of the district, and may do and perform all 
 other acts and things necessary or proper for the effectuation 
 of said powers and the accomplishment of said purposes. The 
 board may provide that violation of any ordinance shall be a 
 penal offense and may prescribe penalties therefor, not 
 exceeding those prescribed by law for violation of statutory 
 city ordinances.  

    Subd. 3.    Arrest; prosecution.  Violations of district 
 ordinances may be prosecuted before any court having 
 jurisdiction of misdemeanors.  Any constable or other peace 
 officer may make arrests for violations committed anywhere 
 within the district in the same manner as for violations of city 
 ordinances or for statutory misdemeanors.  

    All fines collected shall be deposited in the treasury of 
 the district.  

    HIST: Ex1961 c 20 s 18; 1973 c 123 art 5 s 7; 1983 c 359 s 6; 
 1986 c 444 

     115.33 Tax levies, assessments, and service charges.  

    Subdivision 1.  The board may levy taxes for any district 
 purpose on all property taxable within the district, and for a 
 period of five years from June 5, 1971, the same shall not be 
 subject to any limitation and shall be excluded in computing 
 amounts subject to any limitation on tax levies.  

    Subd. 2.  In the case where a particular area within the 
 district, but not the entire district, is benefited by a system, 
 works, or facilities of the district, the board, after holding a 
 public hearing as provided by law for levying assessments on 
 benefited property, shall by ordinance establish such area as a 
 taxing subdistrict, to be designated by number, and shall levy 
 special taxes on all the taxable property therein, to be 
 accounted for separately and used only for the purpose of paying 
 the cost of construction, improvement, acquisition, maintenance, 
 or operation of such system, works, or facilities, or paying the 
 principal and interest on bonds issued to provide funds therefor 
 and expense incident thereto.  Such hearing may be held jointly 
 with a hearing for the purpose of levying assessments on 
 benefited property within the proposed taxing subdistrict.  

    Subd. 3.  The board shall levy assessments on benefited 
 property to provide funds for payment of the cost of 
 construction, improvement, or acquisition of any system, works, 
 or facilities designed or used for any district purpose, or for 
 payment of the principal of and interest on any bonds issued 
 therefor and expenses incident thereto.  

    Subd. 4.  The board shall prescribe service, use, or rental 
 charges for persons or premises connecting with or making use of 
 any system, works, or facilities of the district, prescribe the 
 method of payment and collection of such charges, and provide 
 for the collection thereof for the district by any related 
 governmental subdivision or other public agency on such terms as 
 may be agreed upon with the governing body or other authority 
 thereof.  

    HIST: Ex1961 c 20 s 19; 1971 c 826 s 1 

     115.34 Borrowing powers; bonds. 

    Subdivision 1.  The board may authorize the borrowing of 
 money for any district purpose and provide for the repayment 
 thereof, subject to chapter 475.  The taxes initially levied by 
 any district in accordance with section 475.61 for the payment 
 of its bonds, upon property within each municipality included in 
 the district, shall be included in computing the levy of such 
 municipality. 

    Subd. 2.  The board may authorize the issuance of bonds or 
 obligations of the district to provide funds for the 
 construction, improvement, or acquisition of any system, works, 
 or facilities for any district purpose, or for refunding any 
 prior bonds or obligations issued for any such purpose, and may 
 pledge the full faith and credit of the district or the proceeds 
 of tax levies or assessments or service, use, or rental charges, 
 or any combination thereof, to the payment of such bonds or 
 obligations and interest thereon or expenses incident thereto.  
 An election or vote of the people of the district shall be 
 required to authorize the issuance of any such bonds or 
 obligations.  Except as otherwise provided in sections 115.18 to 
 115.37, the forms and procedures for issuing and selling bonds 
 and provisions for payment thereof shall comply with the 
 provisions of chapter 475, as now in force or hereafter amended. 

    HIST: Ex1961 c 20 s 20; 1Sp1981 c 4 art 1 s 72; 1Sp1989 c 1 
 art 5 s 4 

     115.35 Funds; district treasury.  

    The proceeds of all tax levies, assessments, service, use, 
 or rental charges, and other income of the district shall be 
 deposited in the district treasury and shall be held and 
 disposed of as the board may direct for district purposes, 
 subject to any pledges or dedications made by the board for the 
 use of particular funds for the payment of bonds or interest 
 thereon or expenses incident thereto or for other specific 
 purposes.  

    HIST: Ex1961 c 20 s 21 

     115.36 Effect of district ordinances and facilities.  

    In any case where an ordinance is enacted or a regulation 
 adopted by a district board relating to the same subject matter 
 and applicable in the same area as an existing ordinance or 
 regulation of a related governmental subdivision for the 
 district, the district ordinance or regulation, to the extent of 
 its application, shall supersede the ordinance or regulation of 
 the related governmental subdivision.  In any case where an area 
 within a district is served for any district purpose by a 
 system, works, or facilities of the district, no system, works, 
 or facilities shall be constructed, maintained, or operated for 
 the same purpose in the same area by any related governmental 
 subdivision or other public agency except as approved by the 
 district board.  

    HIST: Ex1961 c 20 s 22 

     115.37 Application. 

    The provisions of sections 115.18 to 115.37 shall not 
 abridge or supersede any provision of sections 115.01 to 115.09, 
 or any authority of the Minnesota pollution control agency or 
 the state commissioner of health, but shall be subject and 
 supplementary thereto.  Districts and members of district boards 
 shall be subject to the authority of the agency and shall have 
 no power or authority to abate or control pollution which is 
 permitted by and in accord with any classification of waters, 
 standards of water quality, or permit established, fixed, or 
 issued by the agency. 

    HIST: Ex1961 c 20 s 23; 1969 c 9 s 21; 1977 c 305 s 45; 1987 c 
 384 art 2 s 1 

     115.41 Definitions. 

    Subdivision 1.    Applicability.  The definitions given 
 in this section shall obtain for the purposes of sections 115.41 
 to 115.54, except as otherwise expressly provided or indicated 
 by the context.  

    Subd. 2.    Additional terms.  The definitions given in 
 section 115.01 shall govern for the purposes of sections 115.41 
 to 115.54, except as otherwise expressly provided or indicated 
 by the context.  

    Subd. 3.  Repealed, 1969 c 9 s 20 

    Subd. 4.  MS 1990 Renumbered subd 6 

    Subd. 4.    Agency.  "Agency" means the Minnesota 
 pollution control agency.  

    Subd. 5.  MS 1990 Renumbered subd 2 

    Subd. 5.    Commissioner.  "Commissioner" means the 
 commissioner of administration.  

    Subd. 6.  MS 1990 Renumbered subd 4 

    Subd. 6.    Municipality.  "Municipality" means a city, 
 sanitary district, or other governmental subdivision or public 
 corporation.  

    HIST: 1963 c 874 s 1; 1969 c 9 s 19; 1973 c 123 art 5 s 7; 
 1994 c 465 art 1 s 5,6 

     115.42 Policy; long-range plan; purpose. 

    It is the policy of the state to provide for the 
 prevention, control, and abatement of pollution of all waters of 
 the state, so far as feasible and practical, in furtherance of 
 conservation of such waters and protection of the public health 
 and in furtherance of the development of the economic welfare of 
 the state.  The agency shall prepare a long-range plan and 
 program for the effectuation of said policy, and shall make a 
 report of progress thereon to the legislature by November 15 of 
 each even numbered year, with recommendations for action in 
 furtherance of such program during the ensuing biennium.  It is 
 the purpose of sections 115.41 to 115.54 to safeguard the waters 
 of the state from pollution by:  (a) preventing any new 
 pollution; and (b) abating pollution existing when sections 
 115.41 to 115.54 become effective, under a program consistent 
 with the declaration of policy above stated.  

    HIST: 1963 c 874 s 4; 1969 c 9 s 21; 1974 c 406 s 63; 1994 c 
 465 art 1 s 7 

     115.43 Powers. 

    Subdivision 1.  In addition to the other powers prescribed 
 by law, the agency shall have the powers and duties prescribed 
 in this section.  In exercising all such powers the agency shall 
 give due consideration to the establishment, maintenance, 
 operation and expansion of business, commerce, trade, industry, 
 traffic and other economic factors and other material matters 
 affecting the feasibility and practicability of any proposed 
 action, including, but not limited to, the burden on a 
 municipality of any tax which may result therefrom and shall 
 take or provide for such action as may be reasonable, feasible 
 and practical under the circumstances.  

    Subd. 2.  Acting within the scope of the policy and 
 purposes of sections 115.41 to 115.54, the agency may adopt, 
 promulgate, amend, or rescind rules in the manner provided by 
 law, as may be necessary or proper to carry into effect the 
 provisions of sections 115.41 to 115.54.  

    Subd. 3.  Repealed, 1973 c 374 s 22 

    HIST: 1963 c 874 s 5; 1969 c 9 s 21; 1969 c 931 s 7; 1985 c 
 248 s 70; 1994 c 465 art 1 s 8 

     115.44 Classification of waters; standards of quality 
  and purity. 

    Subdivision 1.    Variable factors.  It is recognized 
 that, due to variable factors, no single standard of quality and 
 purity of the waters is applicable to all waters of the state or 
 to different segments of the same waters.  

    Subd. 2.    Classification and standards.  In order to 
 attain the objectives of sections 115.41 to 115.54, the agency 
 after proper study, and after conducting public hearing upon due 
 notice, shall, as soon as practicable, group the designated 
 waters of the state into classes, and adopt classifications and 
 standards of purity and quality therefor.  Such classification 
 shall be made in accordance with considerations of best usage in 
 the interest of the public and with regard to the considerations 
 mentioned in subdivision 3 hereof.  

    Subd. 3.    Adoption of classification.  In adopting the 
 classification of waters and the standards of purity and quality 
 above mentioned, the agency shall give consideration to: 

    (a) The size, depth, surface area covered, volume, 
 direction and rate of flow, stream gradient and temperature of 
 the water; 

    (b) The character of the district bordering said waters and 
 its peculiar suitability for the particular uses, and with a 
 view to conserving the value of the same and encouraging the 
 most appropriate use of lands bordering said waters, for 
 residential, agricultural, industrial, or recreational purposes; 

    (c) The uses which have been made, are being made, or may 
 be made of said waters for transportation, domestic and 
 industrial consumption, bathing, fishing and fish culture, fire 
 prevention, the disposal of sewage, industrial wastes and other 
 wastes or other uses within this state, and, at the discretion 
 of the agency, any such uses in another state on interstate 
 waters flowing through or originating in this state; 

    (d) The extent of present defilement or fouling of said 
 waters which has already occurred or resulted from past 
 discharges therein; 

    (e) The need for standards for effluent from disposal 
 systems entering waters of the state; 

    (f) Such other considerations as the agency deems proper.  

    Subd. 4.    Standards.  The agency, after proper study, 
 and in accordance with chapter 14, shall adopt and design 
 standards of quality and purity for each classification 
 necessary for the public use or benefit contemplated by the 
 classification.  The standards shall prescribe what qualities 
 and properties of water indicate a polluted condition of the 
 waters of the state which is actually or potentially 
 deleterious, harmful, detrimental, or injurious to the public 
 health, safety, or welfare; to terrestrial or aquatic life or to 
 its growth and propagation; or to the use of the waters for 
 domestic, commercial and industrial, agricultural, recreational, 
 or other reasonable purposes, with respect to the various 
 classes established pursuant to subdivision 2.  The standards 
 may also contain other provisions that the agency deems proper.  
 Wherever practicable and advisable, the agency shall establish 
 standards for effluent of disposal systems entering classified 
 waters.  

    Subd. 5.    Factors.  In establishing such standards, 
 consideration should be given to the following factors: 

    (a) The extent, if any, to which floating solids may be 
 permitted in the water; 

    (b) The extent to which suspended solids, colloids or a 
 combination of solids with other substances suspended in water, 
 may be permitted; 

    (c) The extent to which organism of the coliform group 
 (intestinal bacilli) or any other bacteriological organisms may 
 be permitted in the water; 

    (d) The extent of the oxygen demand which may be permitted 
 in the receiving waters; 

    (e) Such other chemical or biological properties necessary 
 for the attainment of the objectives of this chapter and, with 
 respect to pollution of the waters of the state, chapter 116.  

    (f) Wherever deemed practicable and advisable by the 
 agency, standards specifying the quality and purity, or maximum 
 permissible pollutional content, of effluent entering waters of 
 the state may be established without respect to water quality 
 standards; provided, however, that whenever the owner or 
 operator of any point source, after opportunity for public 
 hearing, can demonstrate to the satisfaction of the agency that 
 any effluent limitation proposed for the control of the heat 
 component of any discharge from such source will require 
 effluent limitations more stringent than necessary to assure the 
 protection and propagation of a balanced, indigenous population 
 of fish and wildlife in and on the body of water into which the 
 discharge is to be made, the agency may impose an effluent 
 limitation for such plan, with respect to the heat component of 
 such discharge, taking into account the interaction of such heat 
 component with other pollutants, that will assure the protection 
 and propagation of a balanced, indigenous population of fish and 
 wildlife in and on that body of water; and provided further that 
 notwithstanding any other provision of this chapter and, with 
 respect to the pollution of the waters of the state, chapter 
 116, any point source of a discharge having a heat component, 
 the modification of which point source is commenced after May 
 20, 1973, and which, as modified, meets applicable effluent 
 limitations, and which effluent limitations will assure 
 protection and propagation of a balanced, indigenous population 
 of fish and wildlife in or on the water into which the discharge 
 is made, shall not be subject to any more stringent effluent 
 limitation with respect to the heat component of its discharge 
 during a ten year period beginning on the date of completion of 
 such modification or during the period of depreciation or 
 amortization of such facility for the purpose of section 167 or 
 169, or both, of the Internal Revenue Code of 1954, whichever 
 period ends first. 

    Subd. 6.    Modification of standards.  The adoption, 
 alteration, or modification of the standards of quality and 
 purity in subdivision 4 shall be made by the agency in 
 accordance with chapter 14.  

    Subd. 7.    Rule notices.  For rules authorized under 
 this section, the notices required to be mailed under sections 
 14.14, subdivision 1a, and 14.22 must also be mailed to the 
 governing body of each municipality bordering or through which 
 the waters for which standards are sought to be adopted flow. 

    Subd. 8.    Waiver.  If the agency finds in order to 
 comply with the Federal Water Pollution Control Act or any other 
 federal law or rule or regulation promulgated thereunder that it 
 is impracticable to comply with the requirements of this section 
 in classifying waters or adopting standards or in meeting any of 
 the requirements thereof, compliance with the requirements of 
 such section are waived to the extent necessary to enable the 
 agency to comply with federal laws and rules and regulations 
 promulgated thereunder.  The agency may classify waters and 
 adopt criteria and standards in such form and based upon such 
 evidence as it may deem necessary and sufficient for the 
 purposes of meeting requirements of such federal laws, 
 notwithstanding any provisions in this chapter or any other 
 state law to the contrary.  In the event waters are classified 
 and criteria and standards are adopted to meet the requirements 
 of federal law, the agency shall thereafter proceed to otherwise 
 comply with the provisions of this section which were waived as 
 rapidly as is practicable.  This authority shall extend to 
 proceedings pending before the agency on May 20, 1973.  

    Notwithstanding the provisions of subdivision 4, wherever 
 advisable and practicable the agency may establish standards for 
 effluent or disposal systems discharging into waters of the 
 state regardless of whether such waters are or are not 
 classified.  

    HIST: 1963 c 874 s 6; 1967 c 203 s 1; 1969 c 9 s 21; 1969 c 
 931 s 8,9; 1973 c 374 s 15,16; 1993 c 180 s 1-3; 1994 c 465 art 
 1 s 9 

     115.45 Violations. 

    Subdivision 1.  It is the duty of every person affected to 
 comply with the provisions of sections 115.01 to 115.09 and 
 115.41 to 115.54, comprising the State Water Pollution Control 
 Act, as now in force or hereafter amended, and all rules, 
 orders, and permits adopted or issued by the agency thereunder, 
 and to do and perform all acts and things within that person's 
 power required to effectuate, carry out, and accomplish the 
 purposes of such provisions, rules, orders, and permits.  

    Subd. 2.  Repealed, 1973 c 374 s 22 

    HIST: 1963 c 874 s 7; 1969 c 9 s 21; 1969 c 931 s 10; 1985 c 
 248 s 70; 1986 c 444; 1994 c 465 art 1 s 10 

     115.46 Taxation by municipality.  

    Subdivision 1.  Any taxes, special assessments, levied or 
 to be levied, and any bonds or other evidences of indebtedness 
 issued or to be issued for the construction, installation, 
 maintenance, or operation by a municipality of any disposal 
 system or part thereof, shall not be subject to any limitation 
 and shall be excluded in computing amounts subject to any 
 limitation on tax levies, special assessments, bonded 
 indebtedness or other indebtedness and the governing or managing 
 body and the proper officers of the municipality concerned shall 
 have the power and, to comply with any order of the agency, it 
 shall be their duty to levy such taxes and special assessments 
 and issue such bonds and take such other lawful actions as may 
 be appropriate and necessary to provide funds to meet the cost 
 of such construction or work, notwithstanding any such limit and 
 without any election or referendum therefor.  A recital in any 
 bond, tax levy, or assessment that the same is issued or made 
 for the purposes of a disposal system or any part thereof 
 ordered by the agency and is not subject to any provisions of 
 law prescribing limits or requiring an election or referendum 
 therefor shall be prima facie evidence thereof and that all 
 requirements of law relating thereto have been complied with.  
 In any suit, action, or proceedings involving the validity or 
 enforceability of any bonds of a municipality or the security 
 therefor, any such bond reciting in substance that it has been 
 issued by the municipality to aid in financing a sewage disposal 
 system or part thereof, shall be conclusively deemed to have 
 been issued for such purpose, and in compliance with all 
 requirements of the law relating thereto.  

    Subd. 2.  For the same purposes as the purposes for which a 
 tax may be levied under subdivision 1, a municipality may levy 
 taxes in anticipation of need and the provision of subdivision 1 
 shall be applicable so far as appropriate to any such 
 anticipatory levy.  If such a tax is levied in anticipation of 
 need, the purpose must be specified in the resolution of the 
 governing body directing the levy, and proceeds of the tax must 
 be used only for that purpose, and until used the proceeds shall 
 be retained in a separate fund or invested as surplus in a 
 sinking fund may be invested under section 118A.04.  

    HIST: 1963 c 874 s 8; 1969 c 9 s 21; 1996 c 399 art 2 s 12 

  115.47 Repealed, 1973 c 374 s 22 

     115.48 Assumption of power by agency. 

    Subdivision 1.  In lieu of enforcement action as provided 
 by section 115.071, the agency, in case of failure by any 
 municipality or its governing or managing body or officers to 
 comply with any order of the agency for the construction, 
 installation, maintenance, or operation of a disposal system or 
 part thereof, may by resolution assume the powers of the 
 legislative authority of the municipality and confer on the 
 commissioner the powers of the administrative officers of the 
 municipality relating to the construction, installation, 
 maintenance, or operation of a disposal system, or part thereof, 
 or issuing bonds and levying taxes therefor, after holding a 
 hearing on the case as provided by Minnesota Statutes 1961, 
 sections 115.03 and 115.05, upon notice specifying the 
 particulars of the alleged failure to comply with the order and 
 the powers proposed to be assumed for the purpose of remedying 
 such failure.  The resolution shall include or have attached 
 thereto a copy of the order, shall set forth the findings of the 
 agency as to failure of compliance therewith after the hearing 
 thereon, and shall set forth the powers assumed and determine 
 the action to be taken.  Certified copies of the resolution and 
 order shall be transmitted by the secretary of the agency to the 
 commissioner and to the clerk or other recording officer of the 
 municipality concerned.  The resolution and order and certified 
 copies thereof shall be prima facie evidence that the order is 
 reasonable and valid, that all requirements of law relating 
 thereto and to the hearing thereon have been complied with by 
 the agency, that the municipality and its governing or managing 
 body and officers have failed to comply with the order as set 
 forth in the resolution, and that the powers so assumed are 
 vested in the agency and the commissioner as therein set forth. 
 Thereupon the agency and the commissioner shall have charge of 
 the case, and all other proceedings for enforcement of the order 
 shall be suspended until the authority of the commissioner in 
 the case has been terminated as hereinafter provided.  At this 
 stage of the case there is a right of judicial review, and the 
 resolution and attached order shall be deemed a final order for 
 the purpose of judicial review, but failure at this stage to 
 seek judicial review does not preclude judicial relief at a 
 subsequent stage where, and in a manner, otherwise appropriate. 

    Subd. 2.  Upon the assumption of powers as provided in 
 subdivision 1, all the powers of the municipality and its 
 governing or managing body and officers with respect to the 
 subject matter of the order shall thereby be forthwith 
 transferred to and vested in the agency and the commissioner, 
 and they shall thereafter exercise the same in the name of the 
 municipality or its governing or managing body or officers, as 
 the case may require, until terminated as hereinafter provided.  
 Such powers shall include, without limitation, the power to levy 
 taxes, to certify such taxes for collection, to levy assessments 
 on benefited property, to prescribe service or use charges, to 
 borrow money, to issue bonds, to employ necessary assistance, to 
 acquire necessary real or personal property, to let contracts or 
 otherwise provide for the doing of work or the construction, 
 installation, maintenance, or operation of facilities, and to do 
 and perform for the municipality or its governing or managing 
 body or officers all other acts and things required to 
 effectuate, carry out, and accomplish the purposes of the order 
 and which might have been done or performed by the municipality 
 or its governing or managing body or officers. The exercise of 
 any and all such powers by the agency and the commissioner shall 
 have like force and effect as if the same had been exercised by 
 the municipality or by its governing or managing body or 
 officers.  All such acts or things done or performed by the 
 agency or the commissioner shall be prima facie lawful and 
 valid, and it shall be presumed that all requirements of law or 
 charter relating thereto have been complied with.  Any bond 
 pursuant to this section in the hands of a holder in good faith 
 and for value reciting that such bond is issued for the purposes 
 of a disposal system, or part thereof, pursuant to the order of 
 the agency under this section shall be conclusively deemed to 
 have been issued for such purpose and in compliance with all 
 requirements of law relating thereto and shall be a valid and 
 binding instrument enforceable against the municipality in 
 accordance with its terms.  The impact on a municipality of 
 taxes or special assessments which are likely to result from 
 compliance with an order made under section 115.43, subdivision 
 3, clause (1), weighed against the urgency of the need for 
 compliance in the light of public health and the policy and 
 purposes of sections 115.41 to 115.53 shall be a relevant 
 consideration in any judicial inquiry into the reasonableness of 
 the order. 

    Subd. 3.  Except as otherwise provided herein, all 
 proceedings of the agency or the commissioner under subdivision 
 2 shall be governed by the laws or charter provisions governing 
 like proceedings of the governing or managing body or 
 administrative officers of the municipality, so far as 
 applicable, and they shall have like powers and duties with 
 respect thereto as the governing or managing body, the mayor or 
 other presiding officer, the clerk or other recording officer, 
 and any other officer of the municipality having authority in 
 the matter, respectively.  In any case where the governing or 
 managing body of the municipality is required to act by motion, 
 resolution, or ordinance, the adoption thereof by resolution or 
 order of the agency shall have like force and effect as adoption 
 by the governing or managing body and approval by the mayor or 
 other presiding officer of the municipality, if required. 

    Subd. 4.  If at any time while the agency and the 
 commissioner have charge of a case as provided in this section, 
 the governing or managing body or the officers or the 
 municipality concerned shall offer to exercise their powers and 
 perform their duties with respect to the subject matter in 
 accordance with the order of the agency, the agency may by 
 order, of which certified copies shall be transmitted to the 
 secretary of the agency and to the clerk or other recording 
 officer of the municipality, reinstate such powers to the extent 
 and subject to any conditions specified in the order, and the 
 governing or managing body or officers of the municipality may 
 thereupon exercise such powers accordingly.  Such reinstatement 
 may be revoked by the agency by order in like manner in case it 
 shall determine that the affected powers have not been properly 
 or effectively exercised by the governing or managing body or 
 the officers of the municipality. 

    Subd. 5.  If, at any time while the agency and the 
 commissioner have charge of a case hereunder, the agency shall 
 determine that the further exercise of the powers of the 
 municipality assumed in the case will not be feasible or will 
 not be the most effective procedure for accomplishing the 
 purposes of the agency's order involved, it may by order so 
 declare.  Certified copies of the order shall be transmitted by 
 the secretary of the agency to the commissioner and the clerk or 
 other recording officer of the municipality concerned.  
 Thereupon the powers assumed shall be revested in the 
 municipality, and the agency may proceed with the enforcement of 
 its order in such manner as may be authorized by law. 

    HIST: 1963 c 874 s 10; 1969 c 9 s 21; 1976 c 2 s 51 

     115.49 Cooperation between municipalities; contracts. 

    Subdivision 1.    Generally.  If the agency determines 
 after a hearing on the subject matter that cooperation between 
 two or more municipalities is necessary to provide for areawide 
 waste management and treatment, in accordance with the Federal 
 Water Pollution Control Act, as amended, or to prevent, control, 
 or abate pollution, it may adopt a resolution so declaring and 
 determining whether it will be feasible to secure such 
 cooperation by contract between the municipalities concerned. 

    Subd. 2.    Procedure by contract.  If the agency 
 determines that procedure by contract will be feasible it may 
 issue an order so declaring, setting forth the general purposes 
 and terms of a proposed contract under any applicable law, 
 determining, among other things, which of the municipalities 
 concerned shall have charge of any facilities constructed, and 
 directing the municipalities concerned to formulate and execute 
 such contract within such time as the agency may specify in the 
 order, but not less than 90 days from the date of mailing copies 
 of the order to the clerks or other recording officers of such 
 municipalities or service thereof upon them.  If a contract 
 approved by the agency as sufficient for the purposes set forth 
 in the order is not made within the time therein specified, the 
 agency may refer the case to the commissioner as provided in 
 section 115.48. Thereupon and thereby all the appropriate 
 contractual powers of each municipality concerned and its 
 governing or managing body and officers shall be transferred to 
 and vested in the commissioner.  The commissioner may then 
 formulate a contract in accordance with the agency's order, with 
 necessary counterparts, and execute the same in the name of each 
 municipality concerned, with like force and effect as if 
 executed by their officers as provided by law or charter. An 
 executed counterpart of the contract shall be delivered or sent 
 by certified mail by the commissioner to the clerk or other 
 recording officer of each municipality concerned, and the 
 contract shall thereupon take effect and be binding on such 
 municipalities. 

    Subd. 2a.    Extension of service.  If a determination 
 or order is made by the pollution control agency under this 
 section that cooperation by contract is necessary and feasible 
 between a municipality and an unincorporated area located 
 outside the existing corporate limits of a municipality, the 
 municipality being required to provide or extend through a 
 contract a governmental service to an unincorporated area, 
 during the statutory 90-day period provided in this section to 
 formulate a contract, may in the alternative to formulating a 
 service contract to provide or extend the service, declare the 
 unincorporated area as described in the pollution control 
 agency's determination letter or order annexed to the 
 municipality under section 414.0335. 

    Subd. 3.    Contract may be changed.  Any contract for 
 disposal of sewage, industrial wastes, or other wastes or for 
 the construction, maintenance, or operation of any facilities 
 therefor heretofore or hereafter executed between two or more 
 municipalities may be renegotiated, reviewed, and revised or 
 modified with respect to rates or charges or any other provision 
 by agreement of the parties to the contract, any provision of 
 law, charter, or the contract to the contrary notwithstanding. 

    Subd. 4.    New rates and charges.  Any municipality 
 which is a party to a contract for any of the purposes specified 
 in subdivision 3 and which operates a plant for the disposal of 
 sewage, industrial wastes, or other wastes, or which is a city 
 of the first class comprising a part of a sanitary district 
 under chapter 445 may, upon written notice to the other party or 
 parties, fix new rates and charges for the service performed 
 under the contract, notwithstanding any provision of law, 
 charter, or the contract to the contrary.  Any other party or 
 parties to such a contract with a municipality which operates 
 such a plant, or with a city of the first class comprising a 
 part of a sanitary district under chapter 445 may, upon written 
 notice to such municipality, demand that new rates and charges 
 be fixed for service performed under the contract, 
 notwithstanding any provision of law, charter, or the contract 
 to the contrary.  Whenever notice is given as provided herein, 
 it shall be the duty of the municipality operating the plant for 
 the disposal of sewage, industrial wastes, or other wastes, or a 
 city of the first class comprising a part of a sanitary district 
 under chapter 445, to hold a hearing for the determination of 
 proper rates and charges.  A valid notice given under this 
 subdivision of a demand to fix new rates and charges as to any 
 contract precludes another such notice by any party as to that 
 contract for a period of five years from the time of the notice, 
 or the time of dismissal of proceedings under a notice, or the 
 time of determination of rates and charges by the affected 
 agencies or by judgment, as the case may be, whichever of these 
 events is last, but there may always be a contract change under 
 subdivision 3; provided there can be no such demand as of right 
 within the first five years of a contract.  A municipality which 
 may be affected by determination of new rates and charges in 
 such a proceeding may participate in the proceeding as an 
 interested third party by filing a notice of its intention to so 
 participate with the clerk of the municipality to which the 
 original notice was directed.  If any party to the contract 
 involved in the proceeding initiated by notice of demand for new 
 rates and charges is dissatisfied with the rates and charges as 
 set in the proceeding it may within 30 days after such 
 determination by written notice given to the other party or 
 parties elect to submit the matters in dispute to a board of 
 arbitration which shall be created as follows:  The municipality 
 making such written election shall in such written election 
 appoint a referee; the other municipality shall within ten days 
 after such election and appointment also appoint a referee; the 
 two referees shall appoint a third referee, or if they fail for 
 ten days to do so, unless the municipalities mutually extend the 
 time for them to do so the district court of a judicial district 
 which is mutually agreeable to the municipalities shall make the 
 appointment of the third referee.  A decision of the majority of 
 the board shall be a decision of the board.  Each municipality 
 shall pay the compensation of the referee appointed by it, and 
 one-half of the compensation of the third referee, such 
 compensation to be at the rate usually charged by such person 
 for services in the person's profession or occupation.  The 
 hearing initiated by the notice of demand to fix new rates and 
 charges and all proceedings in connection therewith shall be in 
 conformity with sections 14.57 to 14.62 and the municipality 
 conducting the hearing is an agency as such term is used in such 
 sections.  Any party to the contract aggrieved by the decision 
 or order made in conformity with such provisions shall be 
 entitled to judicial review in the district court in the county 
 in which such decision or order was made and in the manner 
 provided in subdivision 5.  The new rates and charges 
 established by the agency upon the initial demand will continue 
 until the proper rates and charges are finally determined, 
 notwithstanding submission to arbitration or judicial review, 
 but the order or judgment which finally determines legality will 
 provide for adjustment of overpayment or underpayment, if any, 
 during the period after the new rates and charges were initially 
 fixed. 

    All records of any municipality relating to such rates and 
 charges shall be available at all reasonable times for 
 examination by any municipality. 

    Subd. 5.    Appeals.  Any party to the contract 
 aggrieved by a decision or order shall be entitled to judicial 
 review by serving a petition for review upon the municipality 
 making the decision or order, and filing it with proof of 
 service in the office of the court administrator within 30 days 
 after the decision or order has been made and the parties 
 notified of it.  The petition shall state the nature of the 
 petitioner's interest, and the ground or grounds upon which the 
 petitioner contends the decision or order should be reversed or 
 modified.  The petition may be amended by leave of court, though 
 the time for serving it has expired. 

    Within 20 days after service of the petition for review, 
 the municipality shall serve upon the petitioner an answer 
 stating its position with reference to the reversal or 
 modification of the order or decision under review.  The answer, 
 with proof of service, shall be filed with the clerk of the 
 district court within ten days after service.  No further 
 pleadings shall be necessary.  The review shall be noticed for 
 trial as in the case of a civil action and shall take precedence 
 over other civil cases for trial. 

    The institution of the proceeding for review shall not stay 
 enforcement of the order or decision, but the court may order a 
 stay upon such terms as it deems proper. 

    Within 30 days after service of the petition for review 
 upon the municipality, or within such further time as the court 
 may allow, the municipality shall transmit to the court the 
 original or a certified copy of the entire record of the 
 proceedings in which the order or decision under review was 
 made.  By stipulation of the parties to the review proceeding, 
 the record may be shortened by eliminating any portion of it.  
 The record may be typewritten or printed and the exhibits may be 
 typewritten, photostated or otherwise reproduced, or upon motion 
 of any party, or by order of the court, the original exhibits 
 shall accompany the record.  The court may require or permit 
 substantial corrections or additions to the record when deemed 
 desirable. 

    If, before the date set for trial, an application is made 
 to the court for leave to present additional evidence on the 
 issues in the case, and it is shown to the satisfaction of the 
 court that the additional evidence is material, the court may 
 order that the additional evidence be taken upon terms the court 
 deems proper. 

    The review shall be conducted by the court without a jury.  
 The court may affirm, reverse or modify the order or decision if 
 the substantial rights of the petitioner have been prejudiced as 
 a result of the order or decision being: 

    (1) contrary to constitutional rights or privileges; 

    (2) in excess of the statutory authority or jurisdiction of 
 the agency, or affected by other error of law; 

    (3) made or promulgated upon unlawful procedure; 

    (4) unsupported by substantial evidence in view of the 
 entire record as submitted; or 

    (5) arbitrary or capricious. 

    Any party may appeal from the final judgment of the 
 district court as in other civil cases. 

    No party to the review in any court is entitled to recover 
 costs, attorney's fees, witness fees, or any other disbursement. 

    Subd. 6.    Rates and charges to be reasonable.  All 
 rates and charges shall be reasonable and shall be sufficient to 
 compensate for all costs of devoting the sewage disposal plant, 
 equipment, its collector system, and personnel to the 
 accomplishment of the purpose of the service to be rendered but 
 shall not include profit.  When the sewer system of any 
 municipality or any part thereof is devoted to the use of 
 another municipality, all charges for such use shall be 
 reasonable and shall be sufficient to compensate for all costs 
 of such use, but shall not include profit. 

    Subd. 7.    Agreement by parties.  Nothing in 
 subdivision 4 shall preclude the fixing of rates and charges by 
 agreement of the parties under subdivision 3. 

    Subd. 8.    Remanding to agency.  Any case referred to 
 the commissioner under this section may be remanded to the 
 agency as provided in section 115.48, subdivision 5. 

    Subd. 9.    Reform or termination of contract.  Any 
 contract ordered by the agency pursuant to this section may be 
 reformed or terminated upon:  (1) mutual agreement among all 
 parties to the contract as exhibited by a joint written 
 application to the agency, and approval thereof by the agency; 
 or (2) unilateral application to the agency by certified mail by 
 any party to such a contract, with a copy thereof served by 
 certified mail upon all other parties to the contract, and 
 subsequent order of reformation or termination of the agreement 
 by the agency.  The applicant may in its application for 
 reformation or termination seek other relief in addition to said 
 order of reformation or termination, including, but not limited 
 to, an order directing the refund by the municipality operating 
 the disposal system of overpayments made by the municipality 
 being served during the life of the contract, or the further 
 payment by the municipality being served to the municipality 
 operating the disposal system made necessary by the inadequacy 
 of payments made by the municipality being served to the 
 municipality operating the disposal system during the life of 
 the contract.  In the event of a unilateral application to the 
 agency, the agency may, after 30 days written notice, hold a 
 public hearing for the purpose of hearing evidence relating to 
 the application. Pursuant to an application under this 
 subdivision, the agency may enter its order reforming or 
 terminating the contract, ordering a refundment of overpayment 
 or payment of underpayment, as aforesaid, or granting any 
 further relief that is reasonable under the circumstances.  Any 
 party aggrieved by the agency's decision may thereafter appeal 
 to district court from the agency's order. 

    HIST: 1963 c 874 s 11; 1969 c 9 s 21; 1973 c 374 s 17,18; 1978 
 c 674 s 60; 1982 c 424 s 130; 1983 c 247 s 50; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82; 1990 c 426 art 1 s 14; 1997 c 202 art 5 
 s 1 

     115.50 Towns, powers to act. 

    For the purposes of carrying out the policy and purposes of 
 sections 115.01 to 115.09 and 115.41 to 115.54, there is hereby 
 conferred upon all towns of this state the power and authority 
 to construct, install, acquire, maintain and operate disposal 
 systems and parts thereof, and to levy taxes, and special 
 assessments, to issue bonds and to do all other things necessary 
 or convenient for such construction, installation, acquisition, 
 maintenance and operation in the same manner and extent and 
 subject to the same limitations as statutory cities.  

    HIST: 1963 c 874 s 12; 1973 c 123 art 5 s 7; 1994 c 465 art 1 
 s 11 

     115.51 Enforcement of contracts between municipalities. 

    The provisions of any contract between two or more 
 municipalities for any purpose relating to the prevention, 
 control, or abatement of pollution, whether now in force or 
 hereafter consummated as provided in section 115.49 or 
 otherwise, may be enforced by action to compel performance 
 brought by any municipality which is a party to the contract or 
 by the attorney general in the name of the state at the request 
 of the agency.  In any such action the court shall have like 
 powers as provided in section 115.071, subdivision 5, for 
 enforcement of an order of the agency. 

    HIST: 1963 c 874 s 13; 1969 c 9 s 21; 1976 c 2 s 52 

     115.52 Severability. 

    The provisions of sections 115.41 to 115.54 shall be 
 severable and the invalidity of any section or subdivision or 
 part thereof shall not make void any other section or 
 subdivision or part thereof.  

    HIST: 1963 c 874 s 14; 1994 c 465 art 1 s 12 

     115.53 Modification of classification or standards. 

    In any case where the agency has heretofore adopted and 
 established a classification or standards for any waters as then 
 provided by law, the agency, at any hearing held pursuant to the 
 provisions of this section for the purpose of modification, 
 alteration, or amendment of such classification or standards or 
 the adoption and establishment of any classification or 
 standards for the same waters or any part thereof as required by 
 sections 115.41 to 115.54, may receive and consider for any such 
 purpose any testimony received at such previous hearing, as 
 reported in the stenographic transcript thereof, and any 
 exhibits received at such previous hearing, which are relevant, 
 with like force and effect and subject to like objections, if 
 any, as if such testimony or exhibits had been produced at the 
 hearing hereunder, together with any further testimony or 
 exhibits which may be submitted and received at the hearing 
 hereunder.  

    HIST: 1963 c 874 s 15; 1969 c 9 s 21; 1994 c 465 art 1 s 13 

     115.54 Technical advisory committee. 

    The agency shall adopt and revise rules governing waste 
 water treatment control under this chapter or chapter 116 only 
 with the advice of a technical advisory committee of seven 
 members.  One member of the committee shall be selected by each 
 of the following:  the state Consulting Engineers Council, the 
 Minnesota chapter of the Central States Water Pollution Control 
 Federation, the Association of Minnesota Counties, the state 
 Wastewater Treatment Plant Operators Association, the 
 metropolitan council, the state Association of Small Cities, and 
 the League of Minnesota Cities.  The technical advisory 
 committee may review and advise the agency on any rule or 
 technical requirements governing the wastewater treatment grant 
 or loan program and may review the work of other professional 
 persons working on a wastewater treatment project and make 
 recommendations to those persons, the agency, and the concerned 
 municipality, in order for the agency to ensure that water 
 quality treatment standards will be met.  The committee shall 
 meet at least once a year, or at the call of the chair, and 
 shall elect its chair.  The agency must provide staff support 
 for the committee, prepare committee minutes, and provide 
 information to the committee it may request.  A quorum is a 
 simple majority and official action must be by a majority vote 
 of the quorum.  The committee expires as provided in section 
 15.059, subdivision 5. 

    HIST: 1986 c 444; 1986 c 465 art 3 s 2; 1988 c 629 s 17; 1993 
 c 180 s 4; 1994 c 628 art 3 s 7 

*   NOTE:  See section 15.059, subdivision 5a, for expiration 
*of wastewater treatment technical advisory committee.

     115.55 Individual sewage treatment systems. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 this subdivision apply to this section and section 115.56. 

    (b) "Advisory committee" means the advisory committee on 
 individual sewage treatment systems established under the 
 individual sewage treatment system rules.  The advisory 
 committee must be appointed to ensure geographic representation 
 of the state and include elected public officials. 

    (c) "Applicable requirements" means: 

    (1) local ordinances that comply with the individual sewage 
 treatment system rules, as required in subdivision 2; or 

    (2) in areas not subject to the ordinances described in 
 clause (1), the individual sewage treatment system rules. 

    (d) "City" means a statutory or home rule charter city. 

    (e) "Commissioner" means the commissioner of the pollution 
 control agency. 

    (f) "Dwelling" means a building or place used or intended 
 to be used by human occupants as a single-family or two-family 
 unit. 

    (g) "Individual sewage treatment system" or "system" means 
 a sewage treatment system, or part thereof, serving a dwelling, 
 other establishment, or group thereof, that uses subsurface soil 
 treatment and disposal. 

    (h) "Individual sewage treatment system professional" means 
 an inspector, installer, site evaluator or designer, or pumper. 

    (i) "Individual sewage treatment system rules" means rules 
 adopted by the agency that establish minimum standards and 
 criteria for the design, location, installation, use, and 
 maintenance of individual sewage treatment systems. 

    (j) "Inspector" means a person who inspects individual 
 sewage treatment systems for compliance with the applicable 
 requirements. 

    (k) "Installer" means a person who constructs or repairs 
 individual sewage treatment systems. 

    (l) "Local unit of government" means a township, city, or 
 county. 

    (m) "Pumper" means a person who maintains components of 
 individual sewage treatment systems including, but not limited 
 to, septic, aerobic, and holding tanks. 

    (n) "Seasonal dwelling" means a dwelling that is occupied 
 or used for less than 180 days per year and less than 120 
 consecutive days. 

    (o) "Site evaluator or designer" means a person who: 

    (1) investigates soils and site characteristics to 
 determine suitability, limitations, and sizing requirements; and 

    (2) designs individual sewage treatment systems. 

    Subd. 2.    Local ordinances.  (a) All counties that did 
 not adopt ordinances by May 7, 1994, or that do not have 
 ordinances, must adopt ordinances that comply with individual 
 sewage treatment system rules by January 1, 1999, unless all 
 towns and cities in the county have adopted such ordinances.  
 County ordinances must apply to all areas of the county other 
 than cities or towns that have adopted ordinances that comply 
 with this section and are as strict as the applicable county 
 ordinances.  Any ordinance adopted by a local unit of government 
 before May 7, 1994, to regulate individual sewage treatment 
 systems must be in compliance with the individual sewage 
 treatment system rules by January 1, 1998. 

    (b) A copy of each ordinance adopted under this subdivision 
 must be submitted to the commissioner upon adoption. 

    (c) A local unit of government must make available to the 
 public upon request a written list of any differences between 
 its ordinances and rules adopted under this section. 

    Subd. 3.    Rules.  (a) The agency shall adopt rules 
 containing minimum standards and criteria for the design, 
 location, installation, use, and maintenance of individual 
 sewage treatment systems.  The rules must include: 

    (1) how the agency will ensure compliance under subdivision 
 2; 

    (2) how local units of government shall enforce ordinances 
 under subdivision 2, including requirements for permits and 
 inspection programs; 

    (3) how the advisory committee will participate in review 
 and implementation of the rules; 

    (4) provisions for alternative systems; 

    (5) provisions for handling and disposal of effluent; 

    (6) provisions for system abandonment; 

    (7) procedures for the commissioner to approve new 
 individual sewage treatment system technologies; and 

    (8) procedures for variances, including the consideration 
 of variances based on cost and variances that take into account 
 proximity of a system to other systems. 

    (b) The agency shall consult with the advisory committee 
 before adopting rules under this subdivision. 

    Subd. 4.    Compliance with rules required; enforcement. 
  (a) A person who designs, installs, alters, repairs, 
 maintains, pumps, or inspects all or part of an individual 
 sewage treatment system shall comply with the applicable 
 requirements. 

    (b) Local units of government may enforce, under section 
 115.071, subdivisions 3 and 4, ordinances that are applicable 
 requirements. 

    Subd. 5.    Inspection.  (a) An inspection shall be 
 required for all new construction or replacement of a system to 
 determine compliance with agency rule or local standards.  The 
 manner and timing of inspection may be determined by the 
 applicable local ordinance.  The inspection requirement may be 
 satisfied by a review by the designated local official of video, 
 electronic, photographic, or other evidence of compliance 
 provided by the installer. 

    (b) Except as provided in subdivision 5b, paragraph (b), a 
 local unit of government may not issue a building permit or 
 variance for the addition of a bedroom on property served by a 
 system unless the system is in compliance with the applicable 
 requirements, as evidenced by a certificate of compliance issued 
 by a licensed inspector or site evaluator or designer.  A local 
 unit of government may temporarily waive the certificate of 
 compliance requirement for a building permit or variance for 
 which application is made during the period from November 1 to 
 April 30, provided that an inspection of the system is performed 
 by the following June 1 and the applicant submits a certificate 
 of compliance by the following September 30.  This paragraph 
 does not apply if the local unit of government does not have an 
 ordinance requiring a building permit to add a bedroom. 

    (c) A certificate of compliance for an existing system is 
 valid for three years from the date of issuance unless the local 
 unit of government finds evidence of an imminent threat to 
 public health or safety requiring removal and abatement under 
 section 145A.04, subdivision 8.  

    (d) A certificate of compliance for a new system is valid 
 for five years from the date of issuance unless the local unit 
 of government finds evidence of an imminent threat to public 
 health or safety requiring removal and abatement under section 
 145A.04, subdivision 8. 

    (e) A licensed inspector who inspects an existing system 
 may subsequently design and install a new system for that 
 property, provided the inspector is licensed to install 
 individual sewage treatment systems. 

    Subd. 5a.    Inspection criteria for existing systems.  
 (a) An inspection of an existing system must evaluate the 
 criteria in paragraphs (b) to (h). 

    (b) If the inspector finds one or more of the following 
 conditions: 

    (1) sewage discharge to surface water; 

    (2) sewage discharge to ground surface; 

    (3) sewage backup; or 

    (4) any other situation with the potential to immediately 
 and adversely affect or threaten public health or safety, 

 then the system constitutes an imminent threat to public health 
 or safety and, if not repaired, must be upgraded, replaced, or 
 its use discontinued within ten months of receipt of the notice 
 described in subdivision 5b, or within a shorter period of time 
 if required by local ordinance. 

    (c) An existing system that has none of the conditions in 
 paragraph (b), and has at least two feet of soil separation need 
 not be upgraded, repaired, replaced, or its use discontinued, 
 notwithstanding any local ordinance that is more restrictive. 

    (d) Paragraph (c) does not apply to systems in shoreland 
 areas regulated under sections 103F.201 to 103F.221, wellhead 
 protection areas as defined in section 103I.005, or those used 
 in connection with food, beverage, and lodging establishments 
 regulated under chapter 157. 

    (e) If the local unit of government with jurisdiction over 
 the system has adopted an ordinance containing local standards 
 pursuant to subdivision 7, the existing system must comply with 
 the ordinance.  If the system does not comply with the 
 ordinance, it must be upgraded, replaced, or its use 
 discontinued according to the ordinance. 

    (f) If a seepage pit, drywell, cesspool, or leaching pit 
 exists and the local unit of government with jurisdiction over 
 the system has not adopted local standards to the contrary, the 
 system is failing and must be upgraded, replaced, or its use 
 discontinued within the time required by subdivision 3 or local 
 ordinance. 

    (g) If the system fails to provide sufficient groundwater 
 protection, then the local unit of government or its agent shall 
 order that the system be upgraded, replaced, or its use 
 discontinued within the time required by rule or the local 
 ordinance. 

    (h) The authority to find a threat to public health under 
 section 145A.04, subdivision 8, is in addition to the authority 
 to make a finding under paragraphs (b) to (d). 

    Subd. 5b.    Compliance notice.  (a) If a system 
 inspected under subdivision 5 is required to be upgraded, 
 replaced, or its use discontinued under subdivision 5a, the 
 inspector or site evaluator or designer must issue a notice of 
 noncompliance to the property owner and must provide a copy of 
 the notice to the unit of government with jurisdiction.  The 
 notice of noncompliance must specify why the system must be 
 upgraded, replaced, or its use discontinued.  A local unit of 
 government must specify the upgrade time period in its ordinance.

    (b) Except as provided in subdivision 5a, paragraphs (b) to 
 (d), if a system installed between May 27, 1989, and January 23, 
 1996, does not comply with applicable requirements, the property 
 owner has five years from the date of the bedroom building 
 permit to bring the system into compliance. 

    Subd. 6.    Disclosure of individual sewage treatment 
 system to buyer.  (a) Before signing an agreement to sell or 
 transfer real property, the seller or transferor must disclose 
 in writing to the buyer or transferee information on how sewage 
 generated at the property is managed.  The disclosure must be 
 made by delivering a statement to the buyer or transferee that 
 either: 

    (1) the sewage goes to a facility permitted by the agency; 
 or 

    (2) the sewage does not go to a permitted facility, is 
 therefore subject to applicable requirements, and describes the 
 system in use, including the legal description of the property, 
 the county in which the property is located, and a map drawn 
 from available information showing the location of the system on 
 the property to the extent practicable.  If the seller or 
 transferor has knowledge that an abandoned individual sewage 
 treatment system exists on the property, the disclosure must 
 include a map showing its location.  In the disclosure statement 
 the seller or transferor must indicate whether the individual 
 sewage treatment system is in use and, to the seller's or 
 transferor's knowledge, in compliance with applicable sewage 
 treatment laws and rules.  

    (b) Unless the buyer or transferee and seller or transferor 
 agree to the contrary in writing before the closing of the sale, 
 a seller or transferor who fails to disclose the existence or 
 known status of an individual sewage treatment system at the 
 time of sale, and who knew or had reason to know of the 
 existence or known status of the system, is liable to the buyer 
 or transferee for costs relating to bringing the system into 
 compliance with the individual sewage treatment system rules and 
 for reasonable attorney fees for collection of costs from the 
 seller or transferor.  An action under this subdivision must be 
 commenced within two years after the date on which the buyer or 
 transferee closed the purchase or transfer of the real property 
 where the system is located. 

    Subd. 7.    Local standards.  (a)    Existing systems. 
  Counties may adopt by ordinance local standards that are less 
 restrictive than the agency's rules in order to define an 
 acceptable existing system.  The local standards may include 
 soil separation, soil classification, vegetation, system use, 
 localized well placement and construction, localized density of 
 systems and wells, extent of area to be covered by local 
 standards, groundwater flow patterns, and existing natural or 
 artificial drainage systems.  The local standards and criteria 
 shall be submitted to the commissioner for comment prior to 
 adoption to demonstrate that, based on local circumstances in 
 that jurisdiction, they adequately protect public health and the 
 environment. 

    (b)    New or replacement systems.  Counties, after 
 providing documentation of conditions listed in this paragraph 
 to the commissioner, may adopt by ordinance local standards that 
 are less restrictive than the agency's rules for new system 
 construction or replacement in areas of sustained and projected 
 low population density where conditions render conformance to 
 applicable requirements difficult or otherwise inappropriate.  
 Documentation may include a map delineating the area of the 
 county to be served by the local standards, a description of the 
 hardship that would result from strict adherence to the agency's 
 rules, and evidence of sustained and projected low population 
 density.  The local standards must protect human health and the 
 environment and be based on considerations that may include, but 
 need not be limited to, soil separation, soil classification, 
 vegetation, system use, localized well placement and 
 construction, localized density of systems and wells, extent of 
 area to be covered by local standards, groundwater flow 
 patterns, and existing natural or artificial drainage systems.  
 The local standards must provide cost-effective and long-term 
 treatment alternatives.  The draft ordinance incorporating the 
 local standards must be submitted to the local water planning 
 advisory committee, created under section 103B.321, subdivision 
 3, and then submitted with justification to the commissioner 30 
 days before adoption for review and comment. 

    (c)    New or replacement systems; local ordinances.  A 
 local unit of government may adopt and enforce ordinances or 
 rules affecting new or replacement individual sewage treatment 
 systems that are more restrictive than the agency's rules.  

    (d)    Local standards; conflict with state law.  Local 
 standards adopted under paragraph (a) or (b) must not conflict 
 with any requirements under other state laws or rules or local 
 ordinances, including, but not limited to, requirements for: 

    (1) systems in shoreland areas, regulated under sections 
 103F.201 to 103F.221; 

    (2) well construction and location, regulated under chapter 
 103I; and 

    (3) systems used in connection with food, beverage, and 
 lodging establishments, regulated under chapter 157. 

 The local standards must include references to applicable 
 requirements under other state laws or rules or local ordinances.

    Subd. 8.    New technologies.  New individual sewage 
 treatment system technologies may be installed as warrantied 
 systems if not specifically prohibited in local ordinance, 
 provided however that the manufacturer or designer provides to 
 the commissioner documentation of the following: 

    (1) how the technology must be used and installed, how it 
 is expected to perform under those conditions, the anticipated 
 design life, and the period to be warrantied under clause (4); 

    (2) pertinent existing data, including in-field testing 
 data, that the system will perform as expected; 

    (3) financial assurance or documentation of the 
 manufacturer's or designer's financial ability to cover 
 potential replacement and upgrades necessitated by the system 
 failing to meet the performance expectations of clause (1) for 
 the duration of the warranty period; and 

    (4) a full warranty effective for the designated warranty 
 period in clause (1), which must be at least five years from the 
 time of installation, covering design, labor, and material costs 
 to remedy failure to meet performance expectations in clause (1) 
 for systems used and installed in accordance with the 
 manufacturer's or designer's instructions. 

    The commissioner must make available a list of warrantied 
 systems for which documentation has been provided to the 
 commissioner under this subdivision. 

    HIST: 1994 c 617 s 1; 1995 c 233 art 1 s 5; 1996 c 427 s 1; 
 1997 c 235 s 1-7; 1997 c 251 s 17; 3Sp1997 c 3 s 12; 1998 c 401 
 s 40 

     115.56 Mandatory licensing program. 

    Subdivision 1.    Rules.  (a) Pursuant to section 
 115.03, subdivision 1, by January 1, 1996, the agency shall 
 adopt rules containing standards of licensure applicable to all 
 individual sewage treatment system professionals.  

    The rules must include but are not limited to: 

    (1) training requirements that include both classroom and 
 fieldwork components; 

    (2) examination content requirements and testing 
 procedures; 

    (3) continuing education requirements; 

    (4) equivalent experience provisions; 

    (5) bonding and insurance requirements; 

    (6) schedules for submitting fees; and 

    (7) license revocation and suspension and other enforcement 
 requirements. 

    (b) The agency shall consult with the advisory committee 
 before proposing any rules under this subdivision. 

    Subd. 2.    License required.  (a) Except as provided in 
 paragraph (b), after March 31, 1996, a person may not design, 
 install, maintain, pump, or inspect an individual sewage 
 treatment system without a license issued by the commissioner. 

    (b) A license is not required for a person who complies 
 with the applicable requirements if the person is: 

    (1) a qualified employee of state or local government who 
 has passed the examination described in paragraph (d) or a 
 similar examination; 

    (2) an individual who constructs an individual sewage 
 treatment system on land that is owned or leased by the 
 individual and functions solely as the individual's dwelling or 
 seasonal dwelling; 

    (3) a farmer who pumps and disposes of sewage waste from 
 individual sewage treatment systems, holding tanks, and privies 
 on land that is owned or leased by the farmer; or 

    (4) an individual who performs labor or services for a 
 person licensed under this section in connection with the 
 design, installation, maintenance, pumping, or inspection of an 
 individual sewage treatment system at the direction and under 
 the personal supervision of a person licensed under this section.

    A person constructing an individual sewage treatment system 
 under clause (2) must consult with a site evaluator or designer 
 before beginning construction.  In addition, the system must be 
 inspected before being covered and a compliance report must be 
 provided to the local unit of government after the inspection. 

    (c) The commissioner, in conjunction with the University of 
 Minnesota extension service or another higher education 
 institution, shall ensure adequate training exists for 
 individual sewage treatment system professionals. 

    (d) The commissioner shall conduct examinations to test the 
 knowledge of applicants for licensing and shall issue 
 documentation of licensing.  

    (e) Licenses may be issued only upon successful completion 
 of the required examination and submission of proof of 
 sufficient experience, proof of general liability insurance, and 
 a corporate surety bond in the amount of at least $10,000.  

    (f) Notwithstanding paragraph (e), the examination and 
 proof of experience are not required for an individual sewage 
 treatment system professional who, on the effective date of the 
 rules adopted under subdivision 1, holds a certification 
 attained by examination and experience under a voluntary 
 certification program administered by the agency. 

    (g) Local units of government may not require additional 
 local licenses for individual sewage treatment system 
 professionals. 

    (h) A pumper whose annual gross revenue from pumping 
 systems is $9,000 or less and whose gross revenue from pumping 
 systems during the year ending May 11, 1994, was at least $1,000 
 is not subject to training requirements in rules adopted under 
 subdivision 1, except for any training required for initial 
 licensure. 

    Subd. 2a.    Temporary license.  The agency may issue, 
 for a fee of $100, a temporary license for an activity listed in 
 subdivision 1, paragraph (a), to a person who: 

    (1) has submitted to the agency proof of sufficient 
 experience, as determined by the agency, in the activity for 
 which the license is sought; and 

    (2) has completed training under a voluntary certification 
 program administered by the agency. 

 A temporary license issued under this subdivision is effective 
 until August 15, 1996. 

    Subd. 3.    Enforcement.  (a) The commissioner may deny, 
 suspend, or revoke a license, or use any lesser remedy against 
 an individual sewage treatment system professional, for any of 
 the following reasons: 

    (1) failure to meet the requirements for a license; 

    (2) incompetence, negligence, or inappropriate conduct in 
 the performance of the duties of an individual sewage treatment 
 system professional; 

    (3) failure to comply with applicable requirements; or 

    (4) submission of false or misleading information or 
 credentials in order to obtain or renew a license. 

    (b) Upon receiving a signed written complaint that alleges 
 the existence of a ground for enforcement action against a 
 person under paragraph (a), the commissioner shall initiate an 
 investigation.  Revocation, suspension, or other enforcement 
 action may not be taken before written notice is given to the 
 person and an opportunity is provided for a contested case 
 hearing complying with the provisions of chapter 14. 

    Subd. 4.    License fee.  The fee for a license required 
 under subdivision 2 is $100 per year.  Revenue from the fees 
 must be credited to the environmental fund. 

    HIST: 1994 c 617 s 2; 1995 c 233 art 1 s 6; 1996 c 427 s 2,3 

     115.57 Individual sewage treatment system or water well 
  loan program. 

    Subdivision 1.    Purpose.  The legislature finds that a 
 need exists to provide for the creation of a public loan program 
 that assists property owners to finance the site evaluation, 
 design, installation, repair, and replacement of individual 
 sewage treatment systems and to finance the sealing and 
 replacement of wells on privately owned property.  Such a public 
 loan program promotes the public health and welfare by 
 furthering the policy of the state of Minnesota to prevent, 
 reduce, and eliminate water pollution.  The legislature declares 
 that the actions required to establish and implement a public 
 loan program for the purposes stated in this section are a 
 public purpose and that the execution and financing of such a 
 program is a public purpose. 

    Subd. 2.    Definitions.  (a) The terms defined in this 
 subdivision and section 115.55, subdivision 1, apply to this 
 section. 

    (b) "Improvement" means the site evaluation, design, 
 installation, repair, or replacement of an individual sewage 
 treatment system or sealing or replacement of a well. 

    (c) "Municipality" means a township, city, county, or any 
 other governmental subdivision of the state responsible by law 
 for the prevention, control, and abatement of water pollution in 
 any area of the state. 

    (d) "Property owner" means the owner or owners as recorded 
 on the tax roll of the county where the real property on which 
 the individual sewage treatment system or well is installed, 
 repaired, or replaced is located. 

    (e) "Well" means a well as defined in section 103I.005, 
 subdivision 21: 

    (1) that is required to be sealed under section 103I.301, 
 subdivision 1; or 

    (2) the relocation of which is necessary for compliance 
 with applicable requirements as defined in section 115.55, 
 subdivision 1. 

    Subd. 3.    Authority.  A municipality may, individually 
 or cooperatively with other municipalities, establish an 
 individual sewage treatment system or well loan program, or 
 both, for the purpose of providing loans to property owners for 
 the site evaluation, design, installation, repair, or 
 replacement of individual sewage treatment systems or for the 
 sealing or replacement of wells on privately owned property.  
 The governing body of a municipality shall provide for the 
 operation and administration of the program by ordinance.  A 
 municipality may appoint an administrator to operate the program.

    Subd. 4.    Limitations.  Loans may not be used to 
 facilitate new building construction.  As used in this 
 subdivision, "facilitate new building construction" includes 
 increasing capacity of an individual sewage treatment system 
 beyond what is reasonably required to serve existing buildings 
 and lots in existing recorded plats. 

    Subd. 5.    Financing.  A municipality may issue bonds 
 in accordance with chapter 475 to finance the program, except 
 that an election is not required and the obligations are not 
 subject to the general limit on net debt for the municipality.  
 Financing may also be provided by issuing certificates of 
 indebtedness, securing loans, or transferring available funds 
 that the municipality is not obligated by law to use for some 
 other purpose.  Funds procured for the individual sewage 
 treatment system or well loan program shall be dedicated to the 
 program. 

    Subd. 6.    Assessments.  (a) An amount loaned under the 
 program, including accruing interest, shall be a lien against 
 the real property for which the improvement was made and shall 
 be assessed against the property or properties benefited unless 
 the amount is prepaid.  An amount loaned under the program and 
 assessed against the property shall be a priority lien only 
 against subsequent liens. 

    (b) Upon issuing a loan, the municipality shall provide the 
 property owner a notice that states the following information:  

    (1) the amount to be specially assessed against the 
 property; 

    (2) the right of the property owner to prepay the entire 
 assessment; 

    (3) the public official to whom prepayment must be made; 

    (4) the time within which prepayment must be made without 
 the assessment of interest; 

    (5) the rate of interest to be accrued if the assessment is 
 not prepaid within the required time period; and 

    (6) the period of the assessment. 

    (c) The municipality shall, by ordinance, provide for a 
 right of property owners to prepay the assessment and may 
 establish such other assessment procedures as determined 
 necessary and consistent with the provisions of this section. 

    Subd. 7.    Ordinances; construction standards.  A 
 municipality may not establish an individual sewage treatment 
 system loan program unless ordinances in compliance with section 
 115.55 are in full force and effect.  All repairs and 
 improvements made to individual sewage treatment systems under 
 this section shall be performed by a licensed individual sewage 
 treatment system professional and shall comply with section 
 115.55 and other applicable requirements.  All improvements to 
 wells under this section must be made by a well contractor or a 
 limited well contractor, as appropriate, licensed under chapter 
 103I. 

    Subd. 8.    Dissolution.  The governing body of a 
 municipality may dissolve the program by ordinance.  The 
 ordinance shall provide for the collection of all outstanding 
 assessments, repayment of any remaining indebtedness incurred to 
 finance the program, and the final distribution of any money 
 remaining in the loan fund. 

    HIST: 1996 c 427 s 4; 1997 c 235 s 8 

     115.58 Alternative discharging sewage systems; general 
  permits. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 this subdivision apply to this section. 

    (b) "Alternative discharging sewage system" means a sewage 
 treatment system serving one or more dwellings and other 
 establishments that discharges less than 10,000 gallons of water 
 per day and uses any treatment and disposal methods other than 
 subsurface soil treatment and disposal. 

    (c) "Permit" means a National Pollutant Discharge 
 Elimination System permit or State Disposal System permit 
 granted to any person for the installation, ownership, 
 management, or control of alternative discharging sewage systems 
 whose operations, emissions, activities, discharges, or 
 facilities are the same or substantially similar. 

    (d) "Water quality cooperative" means an association of 
 persons organized under chapter 308A to install, own, manage, 
 and control individual sewage treatment systems or alternative 
 discharging sewage systems and provide water quality treatment 
 and management services for its members within a defined 
 geographical area. 

    (e) "Water quality treatment and management services" means 
 the monitoring and control of alternative discharging sewage 
 systems to eliminate or reduce water pollution from point and 
 nonpoint sources; the management, use, reuse, recycling, or 
 reclamation of land, water, or wastewater for water supply; 
 geothermal heating and cooling; fire protection; irrigation; 
 drainage; open space or green belt preservation; storm water 
 management and control; flood management and control or other 
 purposes that are part of a comprehensive plan to reduce, 
 prevent, or eliminate water pollution. 

    Subd. 2.    Areawide permit.  The agency may issue an 
 areawide permit for alternative discharging sewage systems where:

    (1) the systems meet all applicable federal and state 
 standards for treatment and discharge of sewage effluents by the 
 agency; 

    (2) the systems are part of a water quality treatment and 
 management plan to prevent, eliminate, or reduce water pollution 
 within a defined geographic area; 

    (3) the systems are owned or controlled by a water quality 
 cooperative; and 

    (4) the water quality cooperative has a service agreement 
 with a local unit of government to provide water quality 
 treatment and management services for the area under section 
 471A.03. 

    Subd. 3.    Local ordinance exemption.  Any system which 
 is permitted under subdivision 2 is exempt from the requirements 
 of any local ordinance adopted to conform with section 115.55 if 
 the system complies with the applicable standards for discharges 
 and treatment of sewage effluents. 

    HIST: 1997 c 216 s 94; 1998 c 254 art 1 s 23 

     115.61 Authority of district.  

    A sanitary sewer district, when created as contemplated by 
 sections 115.61 to 115.67, shall be a municipal corporation and 
 governmental subdivision of the state, responsible for 
 acquiring, constructing, improving, extending, operating, and 
 maintaining facilities for the collection, treatment, and 
 disposal of sewage and industrial and other wastes received from 
 the sewer systems of all municipalities within its corporate 
 limits, for the purpose of preventing pollution of public waters 
 in excess of such reasonable standards of purity and quality as 
 may be established by state regulatory agencies pursuant to 
 law.  For this purpose it shall have perpetual succession; may 
 sue and be sued; may acquire real and personal property, 
 including easements, within or outside its corporate limits, by 
 purchase, gift, devise, condemnation, lease, or otherwise, which 
 property, while held, used, or occupied by it, shall be exempt 
 from taxation; may manage, control, sell, convey, lease, and 
 otherwise dispose of such property; may make contracts, borrow 
 money, issue bonds, levy taxes and special assessments, and 
 establish and collect charges for services furnished or made 
 available; and may exercise all powers granted any municipality 
 by chapters 117, 412, 429, and 475, sections 471.59, 444.075, 
 and 115.46, and, without limitation by the foregoing, all 
 municipal power necessary or expedient to accomplish said 
 purpose, whether or not necessarily implied from any power 
 herein expressly granted.  

    HIST: 1965 c 895 s 1 

     115.62 Board; membership; term; quorum; officers; 
  compensation.  

    All powers of the district shall be exercised by or under 
 authority of resolutions of its board of directors, consisting 
 of one member appointed by the governing body of each 
 municipality situated wholly or partly within its corporate 
 limits, who may but need not be a member of that governing 
 body.  The term of each member shall extend to January 1 in the 
 year following appointment, or until a successor is appointed 
 and qualified, or until the member's earlier death, disability, 
 or absence of more than 90 days from the member's municipality.  
 Any resolution may be passed by a majority of the votes cast 
 thereon at a meeting attended by a majority of the members of 
 the board, unless a larger majority or further notice is 
 required by its bylaws, which shall be adopted or amended only 
 by the vote of a majority of all members of the board.  The 
 board shall elect a president and vice-president at its first 
 meeting in each year, to serve until the following January 1 or 
 until their respective successors are selected and qualify.  
 Each member of the board shall be reimbursed for actual and 
 necessary expense in the performance of the member's duty and 
 may receive compensation in an amount determined by the board to 
 be reasonable, not exceeding $25 per day or part thereof for 
 each meeting and not exceeding $1,000 in any one year.  

    HIST: 1965 c 895 s 2; 1986 c 444 

     115.63 Manager, authority; employees.  

    The chief executive officer of the district shall be a 
 manager who shall be chosen by the board of directors and hold 
 office on the same basis, possess the same qualifications, and 
 have the same powers and duties with reference to the management 
 of the affairs of the district, as the manager of a statutory 
 city under sections 412.641 to 412.751, except that all 
 appointments of subordinate officers and employees and all 
 employment of professional consultants shall be subject to 
 approval by the board.  The district shall comply with the 
 provisions of chapter 353 to permit membership of the manager 
 and all employees in the public employees retirement association.

    HIST: 1965 c 895 s 3; 1973 c 123 art 5 s 7 

     115.64 Acquisition of property.  

    The acquisition and use of real and personal property by a 
 district created as herein contemplated shall not be subject to 
 restriction or control by any other local government or 
 authority, except by the exercise of police powers under section 
 169.04. 

    HIST: 1965 c 895 s 4 

     115.65 Purpose; duties of district; annexation of 
  territory.  

    Sanitary sewer districts may be created by or under 
 authority of laws referring to sections 115.61 to 115.67 and 
 enumerating the cities or towns, or portions thereof, which are 
 or may be included therein.  The purpose of sections 115.61 to 
 115.67 is to provide a method by which municipalities in a 
 drainage area designated by law may join together to prevent 
 water pollution in excess of reasonable standards in that area.  
 Each district created as contemplated herein shall be 
 responsible for planning collection, treatment, and disposal 
 facilities for all municipalities in its drainage area, whether 
 or not initially included within its boundaries.  Any 
 municipality, by resolution adopted by a majority of all members 
 of its governing body, may request the annexation of all or part 
 of its territory to the district, and the annexation shall 
 become effective when approved by resolution adopted by a 
 majority of all members of the board of directors of the 
 district with the approval of the Minnesota pollution control 
 agency, or by order of the Minnesota pollution control agency 
 made under authority of Laws 1963, chapter 874.  Nothing in 
 sections 115.61 to 115.67 shall be construed as abrogating any 
 statutory authority or responsibility of the Minnesota pollution 
 control agency.  All territory annexed shall be subject to 
 taxation by the district like other property within its 
 boundaries for the support of its facilities and for the payment 
 of principal and interest thereafter becoming due on its 
 indebtedness, whether authorized or incurred before or after the 
 annexation.  

    HIST: 1965 c 895 s 5; 1969 c 9 s 21; 1973 c 123 art 5 s 7 

     115.66 Severability.  

    If any provision of sections 115.61 to 115.67 or the 
 application thereof to any person or circumstances is held to be 
 invalid, such invalidity shall not affect other provisions or 
 applications of sections 115.61 to 115.67 which can be given 
 effect without the invalid provision or application, and to this 
 end the provisions of sections 115.61 to 115.67 and the various 
 applications thereof are declared to be severable.  

    HIST: 1965 c 895 s 6 

     115.67 Citation.  

    Sections 115.61 to 115.67 may be cited as the "Regional 
 Sanitary Sewer District Law."  

    HIST: 1965 c 895 s 7 

     115.71 Definitions. 

    Subdivision 1.    Applicability.  As used in sections 
 115.71 to 115.77, the terms defined in this section have the 
 meanings given them. 

    Subd. 2. Repealed, 1995 c 180 s 16 

    Subd. 3. Repealed, 1995 c 180 s 16 

    Subd. 3a. Repealed, 1995 c 180 s 16 

    Subd. 4.    Council.  "Council" means the water and 
 wastewater treatment operators advisory council established by 
 section 115.741. 

    Subd. 4a.    Population equivalent.  "Population 
 equivalent" means a number determined by dividing a daily pound 
 load of five-day, 20-degree-centigrade carbonaceous biochemical 
 oxygen demand (CBOD) of raw sewage by 0.17. 

    Subd. 5.  MS 1990 Renumbered subd 9 

    Subd. 5.    Wastewater certificate.  "Wastewater 
 certificate" means a certificate of competency issued by the 
 commissioner of the pollution control agency stating that the 
 wastewater treatment facility operator has met the requirements 
 for the specified operator classification of the certification 
 program. 

    Subd. 6.  MS 1990 Renumbered subd 5 

    Subd. 6.    Wastewater treatment facility.  "Wastewater 
 treatment facility" means any plant, disposal field, lagoon, or 
 other works not specifically mentioned herein, installed for the 
 purpose of collecting, pumping, treating, stabilizing or 
 disposing of sewage, as defined in section 115.01, subdivision 
 17, which is actually used or intended for use by the public or 
 by any considerable number of persons. 

    Subd. 7. MS 1990 Repealed, 1991 c 202 s 42 

    Subd. 8.  MS 1990 Renumbered subd 6 

    Subd. 8.    Wastewater treatment facility operator.  
 "Wastewater treatment facility operator" means a person who has 
 direct responsibility for the operation of or operates a 
 wastewater treatment facility. 

    Subd. 9.  MS 1991 SUPP Renumbered subd 10 

    Subd. 9.    Water certificate.  "Water certificate" 
 means a certificate of competency issued by the commissioner of 
 health stating that the water supply system operator has met the 
 requirements for the specified operator classification of the 
 certification program. 

    Subd. 9a.    Water supply system.  "Water supply system" 
 means a public system providing pumped water for human 
 consumption, if the system has at least 15 service connections 
 or regularly serves at least 25 of the same persons over six 
 months per year. 

    Subd. 10.  MS 1990 Renumbered subd 8 

    Subd. 10.    Water supply system operator.  "Water 
 supply system operator" means a person who has direct 
 responsibility for the operation of or operates a community 
 water supply system or such parts of the system as would affect 
 the quality and safety of the water. 

    HIST: 1971 c 828 s 1; 1975 c 271 s 4; 1976 c 149 s 21; 1977 c 
 66 s 9; 1977 c 305 s 45; 1987 c 186 s 15; 1991 c 202 s 2,3; 1995 
 c 180 s 1-6 

     115.72 Rules. 

    Subdivision 1.    Classification.  (a) The commissioner 
 of health shall jointly with the agency adopt rules relating to 
 the classification of all water supply systems actually used or 
 intended for use by the public.  

    (b) The pollution control agency shall jointly with the 
 commissioner of health adopt rules relating to the 
 classification of all wastewater treatment facilities actually 
 used or intended for use by the public or by any considerable 
 number of persons.  

    (c) The classes described in paragraphs (a) and (b) shall 
 be based on the degree of hazard to public health, the type of 
 unit process, the loading of the plant, and the population 
 served or the population equivalent of the sewage handled. 

    Subd. 2.    Certification qualifications.  The 
 commissioner of health and the agency shall jointly adopt rules 
 relating to the certification qualifications for each 
 classification of water supply system operators and wastewater 
 facility operators, respectively.  The rules must provide for at 
 least one annual examination for each class of certificate and 
 must include, but are not limited to: 

    (1) education requirements; 

    (2) education substitution provisions; 

    (3) experience requirements; 

    (4) experience substitution provisions; 

    (5) examination content requirements, testing procedures, 
 and criteria for passing; 

    (6) certificate renewal requirements; 

    (7) schedules for submitting applications and fees; and 

    (8) reinstatement requirements for expired, suspended, or 
 revoked certificates. 

    The advisory council must be consulted before any rules are 
 proposed under this subdivision. 

    HIST: 1971 c 828 s 2; 1977 c 305 s 45; 1987 c 186 s 15; 1995 c 
 180 s 7 

     115.73 Certification required. 

    A person may not operate a water supply system or 
 wastewater treatment facility unless the system or facility 
 maintains at least one person that: 

    (1) is certified in a class equal to or higher than the 
 class of the system or facility; and 

    (2) has full and active responsibility for the daily 
 on-site operation of the system or facility, or of a portion of 
 the system or facility if an additional operator or operators 
 with appropriate certification are responsible for the remaining 
 portions. 

    HIST: 1971 c 828 s 3; 1976 c 149 s 62 subd 6; 1977 c 305 s 45; 
 1987 c 186 s 15; 1995 c 180 s 8 

  115.74 Repealed, 1995 c 180 s 16 

     115.741 Advisory council on water supply systems and 
  wastewater treatment facilities. 

    Subdivision 1.    Purpose; membership.  The advisory 
 council on water supply systems and wastewater treatment 
 facilities shall advise the commissioners of health and the 
 pollution control agency regarding classification of water 
 supply systems and wastewater treatment facilities, 
 qualifications and competency evaluation of water supply system 
 operators and wastewater treatment facility operators, and 
 additional laws, rules, and procedures that may be desirable for 
 regulating the operation of water supply systems and of 
 wastewater treatment facilities.  The advisory council is 
 composed of 11 voting members, of whom: 

    (1) one member must be from the department of health, 
 division of environmental health, appointed by the commissioner 
 of health; 

    (2) one member must be from the pollution control agency, 
 water quality division, appointed by the commissioner of the 
 pollution control agency; 

    (3) three members must be certified water supply system 
 operators, appointed by the commissioner of health; 

    (4) three members must be certified wastewater treatment 
 facility operators, appointed by the commissioner of the 
 pollution control agency; 

    (5) one member must be a representative from an 
 organization representing municipalities, appointed by the 
 commissioner of health with the concurrence of the commissioner 
 of the pollution control agency; and 

    (6) two members must be members of the public who are not 
 associated with water supply systems or wastewater treatment 
 facilities.  One must be appointed by the commissioner of health 
 and the other by the commissioner of the pollution control 
 agency. 

    Subd. 2.    Geographic representation.  At least one of 
 the water supply system operators and at least one of the 
 wastewater treatment facility operators must be from outside the 
 seven-county metropolitan area and one wastewater operator must 
 come from the metropolitan council wastewater services. 

    Subd. 3.    Terms; compensation.  The terms of the 
 appointed members and the compensation and removal of all 
 members are governed by section 15.059.  The council expires 
 June 30, 1999. 

    Subd. 4.    Officers.  When new members are appointed to 
 the council, a chair must be elected at the next council meeting.
 The department of health representative shall serve as secretary 
 of the council. 

    HIST: 1995 c 180 s 9 

     115.75 Operator certificates. 

    Subdivision 1.    Issuance.  The commissioners of health 
 and the pollution control agency shall issue certificates to 
 water supply system operators and wastewater treatment facility 
 operators, respectively, who meet the requirements of the rules 
 adopted under section 115.72.  Each certificate must indicate 
 the classification of the system or facility which the operator 
 is qualified to operate. 

    Subd. 2.    Display.  Certificates must be prominently 
 displayed in the office of the operator or other appropriate 
 place on the premises of the plant or treatment facility. 

    Subd. 3.    Validity.  Certificates are valid for a 
 period of three years unless revoked or suspended by the 
 commissioner of health or the commissioner of the pollution 
 control agency prior to that time.  Certificates may be renewed 
 upon application to the appropriate commissioner. 

    Subd. 4.    Denial, refusal to renew, revocation, and 
 suspension.  The commissioner of health and the commissioner 
 of the pollution control agency may deny, refuse to renew, 
 revoke, or suspend the certification of a water supply system 
 operator or a wastewater treatment facility operator, 
 respectively, in accordance with section 144.99, subdivisions 8 
 to 10. 

    Subd. 5.    Expiration.  The certificates of operators 
 who terminate their employment at a water supply system or 
 wastewater treatment facility will remain valid for the 
 unexpired term of the certificate.  Operators whose certificates 
 expire under this section may be issued new certificates of a 
 like classification provided appropriate proof of competency is 
 submitted to the appropriate commissioner.  Successful 
 completion of an examination may be required. 

    Subd. 6.    Records.  The commissioner of health shall 
 maintain records relating to certification of water supply 
 system operators, and the commissioner of the pollution control 
 agency shall maintain records relating to certification of 
 wastewater treatment facility operators. 

    HIST: 1971 c 828 s 5; 1976 c 149 s 62 subd 6; 1977 c 305 s 45; 
 1986 c 444; 1987 c 186 s 15; 1995 c 180 s 10 

     115.76 Reciprocity. 

    The commissioner of health, in the case of water supply 
 system operators, and the commissioner of the pollution control 
 agency, in the case of wastewater treatment facility operators, 
 upon application, may issue certificates without examination, in 
 a comparable classification to any person who holds a 
 certificate in any state, territory, or possession of the United 
 States or any country, providing the requirements for 
 certification of operators under which the person's certificate 
 was issued do not conflict with the provisions of sections 
 115.71 to 115.77 and are of a standard not lower than that 
 specified by rules adopted under sections 115.71 to 115.77. 

    HIST: 1971 c 828 s 6; 1976 c 149 s 62 subd 6; 1977 c 305 s 45; 
 1985 c 248 s 70; 1987 c 186 s 15; 1995 c 180 s 11 

     115.77 Fees. 

    Subdivision 1.    Fees established.  The following fees 
 are established for the purposes indicated: 

    (1) application for examination, $32; 

    (2) issuance of certificate, $23; 

    (3) reexamination resulting from failure to pass an 
 examination, $32; 

    (4) renewal of certificate, $23; 

    (5) replacement certificate, $10; and 

    (6) reinstatement or reciprocity certificate, $40. 

    Subd. 2.    Fees paid to state treasurer.  All fees 
 established in subdivision 1 must be paid to the commissioner of 
 health, in the case of water supply system operators, and to the 
 commissioner of the pollution control agency, in the case of 
 wastewater treatment facility operators.  The fees received must 
 be deposited in the state treasury and credited to the special 
 revenue fund. 

    HIST: 1971 c 828 s 7; 1976 c 149 s 62 subd 6; 1995 c 180 s 12 

  115.78 Repealed, 1995 c 180 s 16 

  115.79 Repealed, 1995 c 180 s 16 

  115.80 Repealed, 1995 c 180 s 16 

  115.81 Repealed, 1973 c 374 s 22 

  115.82 Repealed, 1995 c 180 s 16 

  115.83 Expired