17.498 RULES; FINANCIAL ASSURANCE.
(a) The commissioner of the Pollution Control Agency, after consultation and cooperation
with the commissioners of agriculture and natural resources, shall present proposed rules to the
Pollution Control Agency board prescribing water quality permit requirements for aquaculture
facilities by May 1, 1992. The rules must consider:
(1) best available proven technology, best management practices, and water treatment
practices that prevent and minimize degradation of waters of the state considering economic
factors, availability, technical feasibility, effectiveness, and environmental impacts;
(2) classes, types, sizes, and categories of aquaculture facilities;
(3) temporary reversible impacts versus long-term impacts on water quality;
(4) effects on drinking water supplies that cause adverse human health concerns; and
(5) aquaculture therapeutics, which shall be regulated by the Pollution Control Agency.
(b) Net pen aquaculture and other aquaculture facilities with similar effects must submit an
annual report to the commissioner of the pollution control agency analyzing changes in water
quality trends from previous years, documentation of best management practices, documentation
of costs to restore the waters used for aquaculture to the trophic state existing before aquatic
farming was initiated, and documentation of financial assurance in an amount adequate to pay
for restoration costs. The trophic state, which is the productivity of the waters measured by total
phosphorus, dissolved oxygen, algae abundance as chlorophyll-a, and secchi disk depth of light
penetration, and the condition of the waters measured by raw drinking water parameters, shall be
determined to the extent possible before aquatic farming is initiated. The financial assurance may
be a trust fund, letter of credit, escrow account, surety bond, or other financial assurance payable
to the commissioner for restoration of the waters if the permittee cannot or will not restore the
waters after termination of aquatic farming operations or revocation of the permit.
(c) Information received as part of a permit application or as otherwise requested must be
classified according to chapter 13. Information about processes, aquatic farming procedures, feed
and therapeutic formulas and rates, and tests on aquatic farming products that have economic
value is nonpublic data under chapter 13, if requested by the applicant or permittee.
History: 1991 c 309 s 10; 1999 c 86 art 3 s 4