Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

446A.073 TOTAL MAXIMUM DAILY LOAD GRANTS.
    Subdivision 1. Program established. When money is appropriated for grants under this
program, the authority must make grants up to a maximum of $3,000,000 to governmental units
to cover up to one-half the cost of wastewater treatment or stormwater projects made necessary by
wasteload reductions under total maximum daily load plans required by section 303(d) of the
federal Clean Water Act, United States Code, title 33, section 1313(d).
    Subd. 2. Grant application. Application for a grant must be made to the authority on forms
prescribed by the authority for the total maximum daily load grant program, with additional
information as required by the authority, including a project schedule and cost estimate for the
work necessary to comply with the point source wasteload allocation. The Pollution Control
Agency shall:
(1) in accordance with section 116.182, calculate the essential project component percentage,
which must be multiplied by the total project cost to determine the eligible project cost; and
(2) review and certify to the authority those projects that have plans and specifications
approved under section 115.03, subdivision 1, paragraph (f).
    Subd. 3. Project priorities. When money is appropriated for grants under this program, the
authority shall accept applications during the month of July and reserve money for projects
expected to proceed with construction by the end of the fiscal year in the order listed on the
Pollution Control Agency's project priority list, provided the project is included in a total
maximum daily load plan that has been approved by the United States Environmental Protection
Agency at the time the appropriation became law and in an amount based on the cost estimate
submitted to the authority in the grant application or the as-bid costs, whichever is less.
    Subd. 4. Grant approval. The authority must make a grant to a governmental unit, as
defined in section 116.182, subdivision 1, only after:
(1) the commissioner of the Pollution Control Agency has certified to the United States
Environmental Protection Agency a total maximum daily load plan for identified waters of this
state that includes a point source wasteload allocation;
(2) the Environmental Protection Agency has approved the plan;
(3) a governmental unit affected by the plan has submitted the as-bid cost for the wastewater
treatment or storm water projects necessary to comply with the point source wasteload allocation;
(4) the Pollution Control Agency has approved the as-bid costs and certified the grant
eligible portion of the project; and
(5) the authority has determined that the additional financing necessary to complete the
project has been committed from other sources.
    Subd. 5. Grant disbursement. Disbursement of a grant must be made for eligible project
costs as incurred by the governmental unit and in accordance with a project financing agreement
and applicable state and federal laws and rules governing the payments.
History: 2005 c 20 art 1 s 39; 2006 c 251 s 12,13; 2007 c 96 art 1 s 7

Official Publication of the State of Minnesota
Revisor of Statutes