1998 Minnesota Statutes

     116.162 State financial assistance program for combined 
  sewer overflow. 

    Subdivision 1.    Definitions.  (a) Except as otherwise 
 provided in this section, the terms used in this section have 
 the meanings given in section 116.16, subdivision 2. 

    (b) "Combined sewer" means a sewer that is designed and 
 intended to serve as a sanitary sewer and a storm sewer, or as 
 an industrial sewer and a storm sewer. 

    (c) "Combined sewer overflow" means a discharge of a 
 combination of storm and sanitary wastewater or storm and 
 industrial wastewater directly or indirectly into the waters of 
 the state, occurring when the volume of wastewater flow exceeds 
 the conveyance or storage capacity of a combined sewer system. 

    Subd. 2.    Program purpose.  The agency shall 
 administer a state financial assistance program to assist 
 eligible recipients to abate combined sewer overflow to the 
 Mississippi river from its confluence with the Rum river to the 
 easternmost boundary of the city of Red Wing. 

    Subd. 3.    Eligible recipients.  A statutory or home 
 rule charter city is eligible for financial assistance under the 
 program if the city has a permit, stipulation agreement, consent 
 decree, or order issued by the agency requiring construction to 
 abate combined sewer overflow and if the city adopts an approved 
 plan to abate combined sewer overflow. 

    Subd. 4.    Eligible costs.  The eligible costs under 
 this section include the costs listed in section 116.16, 
 subdivision 2, paragraph (6), as determined by the agency, using 
 as guidelines the regulations promulgated by the United States 
 Environmental Protection Agency under the Federal Water 
 Pollution Control Act, United States Code, title 33, sections 
 1314 to 1328, except that the eligible costs include easements 
 necessary for implementing the combined sewer overflow abatement 
 plan and do not include: 

    (1) the preparation of combined sewer overflow abatement 
 plans; 

    (2) acquisition of interests in real property other than 
 easements; 

    (3) storm water treatment facilities; 

    (4) costs for a program to disconnect any structures or 
 devices, excluding catch basins on public property, constructed 
 to direct or convey storm water, snow melt, or surface water 
 from private or public property into a public sanitary or 
 combined sewer; 

    (5) costs incurred before July 1, 1985; and 

    (6) costs incurred after July 1, 1985 but without prior 
 written approval of the agency. 

    Subd. 5.    Financial assistance program.  The agency 
 shall annually provide financial assistance to eligible 
 recipients for combined sewer overflow projects.  The agency 
 shall determine eligible costs for each eligible recipient and 
 compare those individual costs to the total eligible cost 
 required to abate combined sewer overflows.  This comparison 
 determines each eligible recipient's proportionate share of the 
 costs, and the appropriation for the program must be distributed 
 among eligible recipients according to their proportionate share.

    Subd. 6.    Repayments.  A city of the first class that 
 receives assistance under this section shall repay one-half of 
 each assistance payment ten years after the date when the 
 recipient received the assistance payment.  The repayment must 
 be deposited in the Minnesota state water pollution control fund.

    Subd. 7.    Conditions; administration.  (a) A recipient 
 of financial assistance under this section shall construct the 
 combined sewer overflow abatement facilities in accordance with 
 the construction schedule contained in the permit, stipulation 
 agreement, consent decree, or order issued by the agency.  The 
 agency shall require that, with federal, state, and local funds, 
 the construction schedule would complete abatement of combined 
 sewer overflow within ten years of the issuance of the permit, 
 agreement, decree, or order.  As a condition of receiving 
 financial assistance, the recipient shall implement a program 
 approved by the agency to disconnect any structures or devices, 
 excluding catch basins on public property, constructed to direct 
 or convey storm water, snow melt, or surface water from private 
 or public property into a public sanitary or combined sewer.  
 The deadlines for submittance of facilities plans, plans and 
 specifications, and other documents to the agency for financial 
 assistance are governed by the construction schedule contained 
 in the permit, stipulation agreement, consent decree, or order 
 issued by the agency requiring combined sewer overflow abatement 
 construction. 

    (b) A recipient of financial assistance under this section 
 is not eligible to receive a grant to abate combined sewer 
 overflow under the state independent grants program.  

    Subd. 8.    Rules.  The agency shall promulgate 
 permanent rules for the administration of the financial 
 assistance program established by this section.  The rules must 
 contain as a minimum: 

    (1) procedures for application; 

    (2) criteria for eligibility of combined sewer overflow 
 abatement projects; 

    (3) conditions for use of the financial assistance; 

    (4) procedures for the administration of financial 
 assistance; and 

    (5) other matters that the agency finds necessary for the 
 proper administration of the program. 

    HIST: 1Sp1985 c 14 art 19 s 3; 1994 c 643 s 53; 1995 c 233 art 
 2 s 56 

*   NOTE:  This section is repealed by Laws 1996, chapter 463, 
*section 61, effective December 31, 2000.  Laws 1996, chapter 
*463, section 62.