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    Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Agency" means the Pollution Control Agency.
(c) "Authority" means the Public Facilities Authority established in section 446A.03.
(d) "Commissioner" means the commissioner of the Pollution Control Agency.
(e) "Essential project components" means those components of a wastewater disposal system
that are necessary to convey or treat a municipality's existing wastewater flows and loadings.
(f) "Municipality" means a county, home rule charter or statutory city, town, the Metropolitan
Council, an Indian tribe or an authorized Indian tribal organization; 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.
(g) "Outstanding international resource value waters" are the surface waters of the state in
the Lake Superior Basin, other than Class 7 waters and those waters designated as outstanding
resource value waters.
(h) "Outstanding resource value waters" are those that have high water quality, wilderness
characteristics, unique scientific or ecological significance, exceptional recreation value, or other
special qualities that warrant special protection.
    Subd. 2. Applicability. This section governs the commissioner's certification of projects
seeking financial assistance under section 103F.725, subdivision 1a; 446A.07; 446A.072; or
    Subd. 3. Project review. The commissioner shall review a municipality's proposed project to
determine whether it meets the criteria in this section and the rules adopted under this section.
The review must include a determination of the essential project components for wastewater
treatment projects.
    Subd. 3a. Notification of other government units. In addition to other applicable statutes
or rules that are required to receive financial assistance consistent with this subdivision, the
commissioner may not approve or certify a project to the Public Facilities Authority for
wastewater financial assistance unless the following requirements are met:
(1) prior to the initiation of the public facilities planning process for a new wastewater
treatment system, the project proposer gives written notice to all municipalities within ten miles
of the proposed project service area, including the county in which the project is located, the
Office of Strategic and Long-Range Planning, and the Pollution Control Agency. The notice shall
state the proposer's intent to begin the facilities planning process and provide a description of
the need for the proposed project. The notice also shall request a response within 30 days of the
notice date from all government units who wish to receive and comment on the future facilities
plan for the proposed project;
(2) during development of the facility plan's analysis of service alternatives, the project
proposer must request information from all municipalities and sanitary districts which have
existing systems that have current capacity to meet the proposer's needs or can be upgraded to
meet those needs. At a minimum, the proposer must notify in writing those municipalities and
sanitary districts whose corporate limits or boundaries are within three miles of the proposed
project's service area;
(3) 60 days prior to the municipality's public hearing on the facilities plan, a copy of the draft
facilities plan and notice of the public hearing on the facilities plan must be given to the local
government units who previously expressed interest in the proposed project under clause (1);
(4) for a proposed project located or proposed to be located outside the corporate limits of a
city, the affected county has certified to the agency that the proposed project is consistent with the
applicable county comprehensive plan and zoning and subdivision regulations; and
(5) copies of the notifications required under clauses (1) and (2), as well as the certification
from the county and a summary of the comments received, must be included by the municipality
in the submission of its facilities plan to the Pollution Control Agency, along with other required
items as specified in the agency's rules.
This subdivision does not apply to the Western Lake Superior Sanitary District or the
Metropolitan Council.
    Subd. 4. Certification of approved projects. The commissioner shall certify to the authority
each approved project, including for wastewater treatment projects a statement of the essential
project components and associated costs.
    Subd. 5. Rules. (a) The agency shall adopt rules for the administration of the financial
assistance program. For wastewater treatment projects, the rules must include:
(1) application requirements;
(2) criteria for the ranking of projects in order of priority based on factors including the type
of project and the degree of environmental impact, and scenic and wild river standards; and
(3) criteria for determining essential project components.
(b) Notwithstanding Minnesota Rules, chapter 7077, the agency shall apply the following
criteria to Minnesota Rules, part 7077.0119:
(1) ten points shall be assigned if the municipality proposing the project holds a NPDES
permit for a municipal separate storm sewer system and is implementing a storm water pollution
prevention plan pursuant to Code of Federal Regulations, title 40, section 122.34, that addresses
requirements resulting from a USEPA-approved TMDL for an impaired water listed under United
States Code, title 33, section 303(d), of the Clean Water Act; and
(2) up to ten points shall be assigned to a municipal storm water project by multiplying 20
times the ratio of the project area's impervious surface area to the total project area to be served by
the proposed best management practices. A maximum of ten points shall be awarded and any
fraction of a point shall be rounded up to the nearest whole number.
(c) Paragraph (b) expires on June 30, 2012.
    Subd. 6. Transfer of funds. As the projects in the programs specified under section 116.18,
except the program under subdivision 3c of that section, are completed, any amounts remaining
from appropriations for the programs are appropriated to the authority for the wastewater
infrastructure funding program in section 446A.072, provided this use of the funds does not
violate applicable provisions of any bond or note resolutions, indentures, or other instruments,
contracts, or agreements associated with the source of the funds.
History: 1992 c 601 s 10; 1994 c 628 art 3 s 9; 1994 c 632 art 2 s 32-35; 1996 c 463
s 60; 1998 c 404 s 39,40; 1999 c 86 art 1 s 24; 2000 c 492 art 1 s 44; 2005 c 20 art 1 s 32;
2007 c 96 art 2 s 1

Official Publication of the State of Minnesota
Revisor of Statutes