114D.20 IMPLEMENTATION; COORDINATION; GOALS; POLICIES; AND
Subdivision 1. Coordination and cooperation.
In implementing this chapter, public
agencies and private entities shall take into consideration the relevant provisions of local and other
applicable water management, conservation, land use, land management, and development plans
and programs. Public agencies with authority for local water management, conservation, land use,
land management, and development plans shall take into consideration the manner in which their
plans affect the implementation of this chapter. Public agencies shall identify opportunities to
participate and assist in the successful implementation of this chapter, including the funding or
technical assistance needs, if any, that may be necessary. In implementing this chapter, public
agencies shall endeavor to engage the cooperation of organizations and individuals whose
activities affect the quality of surface waters, including point and nonpoint sources of pollution,
and who have authority and responsibility for water management, planning, and protection. To the
extent practicable, public agencies shall endeavor to enter into formal and informal agreements
and arrangements with federal agencies and departments to jointly utilize staff and educational,
technical, and financial resources to deliver programs or conduct activities to achieve the intent of
this chapter, including efforts under the federal Clean Water Act and other federal farm and soil
and water conservation programs. Nothing in this chapter affects the application of silvicultural
exemptions under any federal, state, or local law or requires silvicultural practices more stringent
than those recommended in the timber harvesting and forest management guidelines adopted by
the Minnesota Forest Resources Council under section
Subd. 2. Goals for implementation.
The following goals must guide the implementation
of this chapter:
(1) to identify impaired waters in accordance with federal TMDL requirements within
ten years after the effective date of this section and thereafter to ensure continuing evaluation
of surface waters for impairments;
(2) to submit TMDL's to the United States Environmental Protection Agency for all impaired
waters in a timely manner in accordance with federal TMDL requirements;
(3) to set a reasonable time for implementing restoration of each identified impaired water;
(4) to provide assistance and incentives to prevent waters from becoming impaired and to
improve the quality of waters that are listed as impaired but do not have an approved TMDL
addressing the impairment;
(5) to promptly seek the delisting of waters from the impaired waters list when those waters
are shown to achieve the designated uses applicable to the waters; and
(6) to achieve compliance with federal Clean Water Act requirements in Minnesota.
Subd. 3. Implementation policies.
The following policies must guide the implementation
of this chapter:
(1) develop regional and watershed TMDL's and TMDL implementation plans, and TMDL's
and TMDL implementation plans for multiple pollutants, where reasonable and feasible;
(2) maximize use of available organizational, technical, and financial resources to perform
sampling, monitoring, and other activities to identify impaired waters, including use of citizen
monitoring and citizen monitoring data used by the Pollution Control Agency in assessing water
quality must meet the requirements in Appendix D of the Volunteer Surface Water Monitoring
Guide, Minnesota Pollution Control Agency (2003);
(3) maximize opportunities for restoration of impaired waters, by prioritizing and targeting
of available programmatic, financial, and technical resources and by providing additional state
resources to complement and leverage available resources;
(4) use existing regulatory authorities to achieve restoration for point and nonpoint sources
of pollution where applicable, and promote the development and use of effective nonregulatory
measures to address pollution sources for which regulations are not applicable;
(5) use restoration methods that have a demonstrated effectiveness in reducing impairments
and provide the greatest long-term positive impact on water quality protection and improvement
and related conservation benefits while incorporating innovative approaches on a case-by-case
(6) identify for the legislature any innovative approaches that may strengthen or complement
(7) identify and encourage implementation of measures to prevent waters from becoming
impaired and to improve the quality of waters that are listed as impaired but have no approved
TMDL addressing the impairment using the best available data and technology, and establish
and report outcome-based performance measures that monitor the progress and effectiveness
of protection and restoration measures; and
(8) monitor and enforce cost-sharing contracts and impose monetary damages in an amount
up to 150 percent of the financial assistance received for failure to comply.
Subd. 4. Priorities for identifying impaired waters.
The Pollution Control Agency, in
accordance with federal TMDL requirements, shall set priorities for identifying impaired waters,
giving consideration to:
(1) waters where impairments would pose the greatest potential risk to human or aquatic
(2) waters where data developed through public agency or citizen monitoring or other means,
provides scientific evidence that an impaired condition exists.
Subd. 5. Priorities for preparation of TMDL's.
The Clean Water Council shall recommend
priorities for scheduling and preparing TMDL's and TMDL implementation plans, taking into
account the severity of the impairment, the designated uses of those waters, and other applicable
federal TMDL requirements. In recommending priorities, the council shall also give consideration
to waters and watersheds:
(1) with impairments that pose the greatest potential risk to human health;
(2) with impairments that pose the greatest potential risk to threatened or endangered species;
(3) with impairments that pose the greatest potential risk to aquatic health;
(4) where other public agencies and participating organizations and individuals, especially
local, basinwide, watershed, or regional agencies or organizations, have demonstrated readiness
to assist in carrying out the responsibilities, including availability and organization of human,
technical, and financial resources necessary to undertake the work; and
(5) where there is demonstrated coordination and cooperation among cities, counties,
watershed districts, and soil and water conservation districts in planning and implementation of
activities that will assist in carrying out the responsibilities.
Subd. 6. Priorities for restoration of impaired waters.
In implementing restoration of
impaired waters, in addition to the priority considerations in subdivision 5, the Clean Water
Council shall give priority in its recommendations for restoration funding from the clean water
legacy account to restoration projects that:
(1) coordinate with and utilize existing local authorities and infrastructure for
(2) can be implemented in whole or in part by providing support for existing or ongoing
(3) most effectively leverage other sources of restoration funding, including federal, state,
local, and private sources of funds;
(4) show a high potential for early restoration and delisting based upon scientific data
developed through public agency or citizen monitoring or other means; and
(5) show a high potential for long-term water quality and related conservation benefits.
Subd. 7. Priorities for funding prevention actions.
The Clean Water Council shall apply
the priorities applicable under subdivision 6, as far as practicable, when recommending priorities
for funding actions to prevent waters from becoming impaired and to improve the quality of
waters that are listed as impaired but do not have an approved TMDL.
History: 2006 c 251 s 5