2007 Minnesota Statutes

116.181 CORRECTIVE ACTION GRANTS.
    Subdivision 1. Definitions. (a) The definitions in section 116.16, subdivision 2, apply to
this section.
(b) "Corrective action" means action taken to upgrade or correct wastewater treatment
facilities, funded under the Federal Water Pollution Control Act or the independent state grants
program, that have failed to meet performance standards, and includes engineering, design,
construction, legal assistance, and other action as the agency may allow.
    Subd. 2. Set aside. In any fiscal year, up to ten percent of the money available for
independent state grants, up to a maximum of $1,000,000, may be set aside for the award of
grants to municipalities for corrective action.
    Subd. 3. Grant limitations. The amount of a corrective action grant awarded to a
municipality shall not exceed $500,000. In no event shall the grant amount exceed the cost of
the corrective action. Construction costs that were not eligible under the original grant are not
eligible under a corrective action grant.
    Subd. 4. Repayment. Any municipality that is awarded a corrective action grant shall
seek recovery from any person who is responsible for the failure of the facility to perform. The
municipality shall reimburse the state in the event the municipality recovers any funds from
responsible persons. Any repayments must be deposited in the Minnesota state water pollution
control fund.
    Subd. 5. Award of grants. Until June 30, 1988, the agency shall award corrective action
grants. On July 1, 1988, the authority shall award corrective action grants to municipalities
selected by the state pollution control commissioner upon certification by the state pollution
control commissioner that the municipalities' projects and applications have been reviewed and
approved in accordance with this section and agency rules adopted under subdivision 6.
    Subd. 6. Rules of the agency. The agency shall promulgate permanent rules for the
administration of the corrective action grant program. The rules must contain at a minimum:
(1) the method for determining the amount of the corrective action grant;
(2) application requirements;
(3) criteria for determining which municipalities will be awarded grants when there are
more applicants than money;
(4) conditions for use of the grant funds;
(5) identification of eligible costs;
(6) the amount that must be reimbursed to the authority in the event funds are recovered by
the municipality from the responsible person; and
(7) other matters that the agency finds necessary for proper administration of the program.
    Subd. 7. Rules of the authority. The commissioner of employment and economic
development may adopt rules containing procedures for administration of the authority's duties as
set forth in subdivision 5.
History: 1987 c 186 s 15; 1987 c 277 s 3; 1987 c 312 art 1 s 26 subd 2; 1995 c 233 art 2 s
56; 1Sp2003 c 4 s 1