reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114E — Uniform Environmental Covenants Act › Section 114E.35 — Recording.

114E.35 RECORDING.
(a) An environmental covenant and any amendment or termination of the covenant must be recorded with the county recorder or registrar of titles, as applicable, in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.
(b) Except as otherwise provided in section 114E.40, paragraph (f), an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property.
History:
2007 c 131 art 1 s 66
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114E — Uniform Environmental Covenants Act › Section 114E.45 — Amendment Or Termination By Consent.

114E.45 AMENDMENT OR TERMINATION BY CONSENT.
(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(1) the environmental agency;
(2) the current owner of the fee simple title to the real property subject to the covenant;
(3) every other original signatory to the covenant, or their successor or assign, unless:
(i) the person waived the right to consent to termination or modification in the environmental covenant or another signed and acknowledged record that is recorded;
(ii) the person fails to object to the amendment or termination within 60 days after a notice requesting the person's consent to amendment or termination was mailed by certified mail, return receipt requested, to the person's last known address, as obtained from the United States Postal Service; or
(iii) a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(4) each holder, except as otherwise provided in paragraph (d).
Any person may establish that the notice described in clause (3), item (ii), was properly mailed by recording an affidavit to that effect from a person having knowledge of the facts, and a certified copy of the recorded affidavit shall be prima facie evidence of the facts stated therein.
(b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in the environmental covenant or other signed record the right to consent to amendments.
(c) Except for an assignment undertaken pursuant to a governmental reorganization, or as otherwise provided in the environmental covenant, assignment of an environmental covenant to a new holder is an amendment.
(d) Except as otherwise provided in paragraph (c) or in an environmental covenant:
(1) a holder may not assign its interest without consent of the other parties specified in paragraph (a);
(2) a holder may be removed and replaced by agreement of the other parties specified in paragraph (a); and
(3) a court of competent jurisdiction may fill a vacancy in the position of holder.
History:
2007 c 131 art 1 s 68
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114E — Uniform Environmental Covenants Act › Section 114E.50 — Enforcement Of Environmental Covenant.

114E.50 ENFORCEMENT OF ENVIRONMENTAL COVENANT.
(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(1) a party to the covenant, including all holders;
(2) the environmental agency that signed the covenant;
(3) any person to whom the covenant expressly grants power to enforce;
(4) a person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
(5) a political subdivision in which the real property subject to the covenant is located.
(b) The state environmental agency that signed the covenant may use any remedy or enforcement measure provided in section 115.071, subdivisions 3 to 5, or 116.072 to remedy violations of a covenant. This paragraph does not limit the state environmental agency from taking action to enforce the terms of a covenant against a person required to comply with the covenant in connection with that person's obligation to perform response actions or as a condition of receiving a liability assurance with respect to a release or threatened release of contaminants.
(c) This chapter does not limit the regulatory authority of the environmental agency under law other than this chapter with respect to an environmental response project.
(d) A person is not responsible for or subject to liability arising from a release or threatened release of contamination into the environment, or for remediation costs attendant thereto, solely because it has signed, holds rights to, or otherwise has the right to enforce an environmental covenant.
History:
2007 c 131 art 1 s 69
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114E — Uniform Environmental Covenants Act › Section 114E.60 — Uniformity Of Application And Construction.

114E.60 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
2007 c 131 art 1 s 70
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114E — Uniform Environmental Covenants Act › Section 114E.65 — Relation To Electronic Signatures In Global And National Commerce Act.

114E.65 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, United States Code, title 15, section 7001 et seq., but does not modify, limit, or supersede section 101 of that act, United States Code, title 15, section 7001(a), or authorize electronic delivery of any of the notices described in section 103 of that act, United States Code, title 15, section 7003(b).
History:
2007 c 131 art 1 s 71
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.04 — Disposal Systems And Point Sources.

115.04 DISPOSAL SYSTEMS AND POINT SOURCES.
Subdivision 1.
Information.
Any person operating or installing a disposal system or other point source, or portion thereof, when requested by the agency, or any member, employee or agent thereof, when authorized by it, shall furnish to it any information which that person may have or which is relevant to the subject of this chapter, chapter 114C, and, with respect to the pollution of waters of the state, of chapter 116.
Subd. 2.
Examining records.
The agency or any member, employee or agent thereof, when authorized by it, upon presentation of credentials, may examine and copy any books, papers, records or memoranda pertaining to the installation, maintenance, or operation or discharge, including, but not limited to, monitoring data, of disposal systems or other point sources, in accordance with the purposes of this chapter, chapter 114C, and, with respect to the pollution of waters of the state, chapter 116.
Subd. 3.
Access to premises.
Whenever it shall be necessary for the purposes of this chapter, chapter 114C, and, with respect to pollution of waters of the state, chapter 116, the agency or any member, employee, or agent thereof, when authorized by it, upon presentation of credentials, may enter upon any property, public or private, for the purpose of obtaining information or examination of records or conducting surveys or investigations.
History:
1945 c 395 s 4; 1969 c 9 s 21; 1973 c 374 s 10; 1986 c 444; 1996 c 437 s 11
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.05 — Judicial Review.

115.05 JUDICIAL REVIEW.
Subdivision 1.
[Repealed, 1976 c 76 s 8]
Subd. 2.
[Repealed, 1973 c 374 s 22]
Subd. 3.
[Repealed, 1976 c 76 s 8]
Subd. 4.
[Repealed, 1976 c 76 s 8]
Subd. 5.
[Repealed, 1976 c 76 s 8]
Subd. 6.
[Repealed, 1976 c 76 s 8]
Subd. 7.
[Repealed, 1976 c 76 s 8]
Subd. 8.
[Repealed, 1976 c 76 s 8]
Subd. 9.
[Repealed, 1976 c 76 s 8]
Subd. 10.
[Repealed, 1976 c 76 s 8]
Subd. 11.
Judicial review.
Any person aggrieved by any final decision of the agency or of the commissioner may obtain judicial review thereof pursuant to sections 14.63 to 14.69 if the final decision is made pursuant to the agency's or the commissioner's authority under section 115A.914, this chapter, chapter 116, or the rules adopted thereunder, and if the decision is a final decision pertaining to:
(1) issuance, amendment, or denial of a permit, license, or certification;
(2) granting or denial of a variance;
(3) issuance of an administrative order, except for an administrative penalty order issued pursuant to section 116.072; or
(4) denial of a contested case hearing on any of the matters listed in clauses (1) to (3).
History:
1945 c 395 s 5; 1959 c 461 s 1; 1969 c 9 s 21; 1969 c 931 s 1,2; 1973 c 374 s 11; 1976 c 76 s 2; 1982 c 424 s 130; 1987 c 384 art 2 s 1; 1999 c 235 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.06 — Cooperation.

115.06 COOPERATION.
Subdivision 1.
Other sovereign states.
The agency, so far as it is not inconsistent with its duties under the laws of this state, may assist and cooperate with any agency of another state, of the United States of America or of the Dominion of Canada or any province thereof in any matter relating to water pollution control.
Subd. 2.
Receiving money, property, or services.
The agency may receive and accept money, property, or services from any person or from any agency described in subdivision 1 or from any other source for any purpose within the scope of its functions under this chapter, chapter 116, or 116F, and all money so received are hereby appropriated for such purposes in like manner and subject to like provisions of law as the corresponding appropriations of state funds.
Subd. 3.
Governmental subdivisions.
It shall be the duty of each city, county, town, sanitary district, public corporation, or other governmental subdivision to cooperate with the agency in obtaining compliance with the provisions of this chapter and to enforce within its jurisdiction all standards, orders, rules, or permit requirements adopted by the agency thereunder.
Subd. 4.
Citizen monitoring of water quality.
(a) The agency may encourage citizen monitoring of ambient water quality for public waters by:
(1) providing technical assistance to citizen and local group water quality monitoring efforts;
(2) integrating citizen monitoring data into water quality assessments and agency programs, provided that the data adheres to agency quality assurance and quality control protocols; and
(3) seeking public and private funds to:
(i) collaboratively develop clear guidelines for water quality monitoring procedures and data management practices for specific data and information uses;
(ii) distribute the guidelines to citizens, local governments, and other interested parties;
(iii) improve and expand water quality monitoring activities carried out by the agency; and
(iv) continue to improve electronic and web access to water quality data and information about public waters that have been either fully or partially assessed.
(b) This subdivision does not authorize a citizen to enter onto private property for any purpose.
History:
1945 c 395 s 6; 1969 c 9 s 21; 1969 c 931 s 3; 1973 c 123 art 5 s 7; 1978 c 568 s 1; 1985 c 248 s 70; 2002 c 253 s 1; 1Sp2005 c 1 art 2 s 125; 2012 c 272 s 60; 2014 c 248 s 13
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.061 — Duty To Notify; Avoiding Water Pollution.

115.061 DUTY TO NOTIFY; AVOIDING WATER POLLUTION.
(a) Except as provided in paragraph (b), it is the duty of every person to notify the agency immediately of the discharge, accidental or otherwise, of any substance or material under its control which, if not recovered, may cause pollution of waters of the state, and the responsible person shall recover as rapidly and as thoroughly as possible such substance or material and take immediately such other action as may be reasonably possible to minimize or abate pollution of waters of the state caused thereby.
(b) Notification is not required under paragraph (a) for a discharge of five gallons or less of petroleum, as defined in section 115C.02, subdivision 10. This paragraph does not affect the other requirements of paragraph (a).
(c) Promptly after notifying the agency of a discharge under paragraph (a), a publicly owned treatment works or a publicly or privately owned domestic sewer system owner must provide notice to the potentially impacted public and to any downstream drinking water facility that may be impacted by the discharge. Notice to the public and to any drinking water facility must be made using the most efficient communications system available to the facility owner such as in person, telephone call, radio, social media, web page, or another expedited form. In addition, signage must be posted at all impacted public use areas within the same jurisdiction or notification must be provided to the entity that has jurisdiction over any impacted public use areas. A notice under this paragraph must include the date and time of the discharge, a description of the material released, a warning of the potential public health risk, and the permittee's contact information.
(d) The agency must provide guidance that includes but is not limited to methods and protocols for providing timely notice under this section.
History:
1969 c 931 s 4; 1993 c 341 art 1 s 1; 2023 c 60 art 3 s 5
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.063 — Hazardous And Radioactive Waste; Policy To Protect Potable Water.

115.063 HAZARDOUS AND RADIOACTIVE WASTE; POLICY TO PROTECT POTABLE WATER.
(a) The legislature finds that:
(1) the waters of the state, because of their abundant quantity and high natural quality, constitute a unique natural resource of immeasurable value which must be protected and conserved for the benefit of the health, safety, welfare, and economic well-being of present and future generations of the people of the state;
(2) the actual or potential use of the waters of the state for potable water supply is the highest priority use of that water and deserves maximum protection by the state; and
(3) the disposal of hazardous waste and radioactive waste in Minnesota may pose a serious risk of pollution of the waters of the state, particularly potable water.
(b) It is therefore the policy of the state of Minnesota, consistent with the state's primary responsibility and rights to prevent, reduce, and eliminate water pollution and to plan for the preservation of water resources, that depositories for hazardous waste or radioactive waste should not be located in any place or be constructed or operated in any manner that can reasonably be expected to cause pollution of potable water.
History:
1986 c 425 s 6
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.065 — Disposal Prohibited.

115.065 DISPOSAL PROHIBITED.
The location, construction, or operation of any depository for hazardous waste or radioactive waste, whether generated within or outside of the state, in any place or in any manner that can reasonably be expected to cause the pollution of potable water is prohibited.
History:
1986 c 425 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.067 — Below-grade Disposal Systems; Prohibition; Exception.

115.067 BELOW-GRADE DISPOSAL SYSTEMS; PROHIBITION; EXCEPTION.
The construction or operation of a depository for hazardous waste or radioactive waste in whole or in part below the natural grade of the land where it is located is prohibited unless the person proposing to construct or operate the depository demonstrates that the depository cannot reasonably be expected to cause the pollution of potable water.
History:
1986 c 425 s 8
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.069 — Radionuclide Pollution; High-level Nuclear Waste Depository.

115.069 RADIONUCLIDE POLLUTION; HIGH-LEVEL NUCLEAR WASTE DEPOSITORY.
The determination of whether the location, construction, or operation of a depository for spent nuclear fuel or high-level radioactive waste can reasonably be expected to cause radionuclide pollution of potable groundwater in violation of section 115.065 shall be made in accordance with the provisions of section 116C.76.
History:
1986 c 425 s 9
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.072 — Recovering Litigation Costs And Expenses.

115.072 RECOVERING LITIGATION COSTS AND EXPENSES.
(a) In any action brought by the attorney general, in the name of the state, pursuant to the provisions of this chapter and chapters 114C, 114E, and 116, for civil penalties, injunctive relief, or in an action to compel compliance, if the state shall finally prevail, and if the proven violation was willful, the state, in addition to other penalties provided in this chapter, may be allowed an amount determined by the court to be the reasonable value of all or a part of the litigation expenses incurred by the state. In determining the amount of such litigation expenses to be allowed, the court shall give consideration to the economic circumstances of the defendant.
(b) Amounts recovered under the provisions of this section and section 115.071, subdivisions 3 to 5, shall be paid into the environmental fund in the state treasury to the extent provided in section 115.073.
History:
1973 c 374 s 14; 1991 c 347 art 1 s 3; 1996 c 437 s 17; 2007 c 131 art 1 s 72
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.073 — Enforcement Funding.

115.073 ENFORCEMENT FUNDING.
Except as provided in section 115C.05, all money recovered by the state under this chapter and chapters 115A and 116, including civil penalties and money paid under an agreement, stipulation, or settlement, excluding money paid for past due fees or taxes, must be deposited in the state treasury and credited to the environmental fund.
History:
1991 c 347 art 1 s 4; 2003 c 128 art 2 s 3; 2009 c 37 art 1 s 38
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.075 — Information And Monitoring.

115.075 INFORMATION AND MONITORING.
A person may not:
(1) make a false material statement, representation, or certification in; omit material information from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan, manifest, or other document required under section 103F.701 or this chapter or chapter 114C, 115A, or 116; or
(2) falsify, tamper with, render inaccurate, or fail to install a monitoring device or method required to be maintained or followed for the purpose of compliance with sections 103F.701 to 103F.755 or this chapter or chapter 114C, 115A, or 116.
History:
1991 c 347 art 1 s 5; 1996 c 437 s 18; 2011 c 107 s107
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.08 — Interpretation.

115.08 INTERPRETATION.
Sections 115.01 to 115.09 shall not be construed as repealing any of the provisions of law relating to the pollution of any waters of the state, but shall be held and construed as supplementing the same and in addition to the laws now in force, except as the same may be in direct conflict herewith.
History:
1945 c 395 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.09 — Citation; Water Pollution Control Act.

115.09 CITATION; WATER POLLUTION CONTROL ACT.
Sections 115.01 to 115.09 may be cited as the "State Water Pollution Control Act."
History:
1945 c 395 s 11
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.1701 — Definitions.

115.1701 DEFINITIONS.
Subdivision 1.
Application.
For purposes of sections 115.1701 to 115.1707, the following terms have the meanings given them.
Subd. 2.
Agency.
"Agency" means the Pollution Control Agency.
Subd. 3.
Ballast water.
"Ballast water" means water taken on board a vessel to control trim, list, draft, stability, or stresses of the vessel, including matter suspended in the water, or any water placed into a ballast tank during cleaning, maintenance, or other operations.
Subd. 4.
Ballast water management.
"Ballast water management" means mechanical, physical, chemical, and biological processes used, either singularly or in combination, to remove, render harmless, or avoid the uptake or discharge of harmful aquatic organisms and pathogens within ballast water and sediment.
Subd. 5.
Commissioner.
"Commissioner" means the commissioner of the Pollution Control Agency.
Subd. 6.
Constructed.
"Constructed" means a state of construction of a vessel at which the keel is laid, construction identifiable with the specific vessel begins, assembly of the vessel has begun comprising at least 50 tons or one percent of the estimated mass of all structural material of the vessel, whichever is less, or the vessel undergoes a major conversion.
Subd. 7.
Foreign vessel.
"Foreign vessel" means a vessel of foreign registry or operated under the authority of a foreign country.
Subd. 8.
Sediment.
"Sediment" means matter that has settled out of ballast water within a vessel.
Subd. 9.
State waters of Lake Superior.
"State waters of Lake Superior" means the surface waters of Lake Superior and waters that discharge, flow, or otherwise are transferred into Lake Superior that are under the jurisdiction of the state.
History:
2008 c 357 s 27
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.1703 — Ballast Water; Management Plan.

115.1703 BALLAST WATER; MANAGEMENT PLAN.
Subdivision 1.
Management plan required.
(a) The operator of a vessel that is designed, constructed, or adapted to carry ballast water in state waters of Lake Superior shall conduct all ballast water management operations of the vessel according to a ballast water management plan that is designed to minimize the discharge of invasive species, meets the requirements prescribed by the commissioner under subdivision 2, and is approved by the commissioner.
(b) The owner or operator of a vessel required to have a ballast water management plan under paragraph (a) shall maintain a copy of the vessel's ballast water management plan on board at all times and keep the plan readily available for examination by the commissioner.
Subd. 2.
Management plan approval.
(a) The commissioner may not approve a ballast water management plan unless the commissioner determines that the plan:
(1) describes in detail the actions to be taken to implement ballast water management;
(2) describes in detail the procedures to be used for disposal of sediment at sea and on shore;
(3) describes in detail the safety procedures for the vessel and crew associated with ballast water management;
(4) designates the officer on board of the vessel in charge of ensuring that the plan is properly implemented;
(5) contains the reporting requirements for vessels as prescribed by the commissioner; and
(6) meets all other requirements prescribed by the commissioner.
(b) The commissioner may approve a ballast water management plan for a foreign vessel on the basis of a certificate of compliance with the criteria described in paragraph (a) issued by the vessel's country of registration according to standards established by the commissioner.
History:
2008 c 357 s 28
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.1705 — Ballast Water Record Book.

115.1705 BALLAST WATER RECORD BOOK.
Subdivision 1.
Record book required.
The owner or operator of a vessel required to have a ballast water management plan under section 115.1703 shall maintain, in English, on board the vessel, a ballast water record book in which each operation of the vessel involving ballast water or sediment discharge is recorded as required by the commissioner. The ballast water record book shall be kept readily available for examination by the commissioner. In cases where a vessel is without a crew and being towed, the ballast water record book may be kept on the towing vessel.
Subd. 2.
Retention period.
(a) Except as provided in paragraph (b), a ballast water record book required in subdivision 1 shall be retained on board the vessel for three years after the date on which the last entry in the book is made and shall be retained under the control of the vessel's owner for an additional three years.
(b) The commissioner may prescribe alternative time periods for record retention by foreign vessels that are consistent with international practices.
Subd. 3.
Regulations.
(a) The commissioner shall require, at a minimum, that:
(1) each entry in the ballast water record book be signed and dated by the officer in charge of the ballast water operation recorded;
(2) each completed page in the ballast water record book be signed and dated by the owner or operator of the vessel; and
(3) the owner or operator of the vessel transmit any information to the commissioner regarding the ballast operations of the vessel as the commissioner may require.
(b) The commissioner may provide for alternative methods of record keeping, including electronic record keeping, to comply with the requirements of this section. Any electronic record keeping method authorized by the commissioner shall comply with applicable standards of the state and the National Institute of Standards and Technology governing reliability, integrity, identity authentication, and nonrepudiation of stored electronic data.
History:
2008 c 357 s 29
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.1707 — Consultation And Cooperation.

115.1707 CONSULTATION AND COOPERATION.
Subdivision 1.
Great Lakes Panel on Aquatic Nuisance Species.
The commissioner of natural resources shall cooperate to the fullest extent practicable with the Great Lakes Panel on Aquatic Nuisance Species to ensure development of standards for the control of invasive species that are broadly protective of the state waters of Lake Superior and other natural resources. The commissioner of the Pollution Control Agency shall serve as the alternate to the commissioner of natural resources if necessary.
Subd. 2.
Cooperation with other state agencies.
In developing the permit process and any standards established under sections 115.1701 to 115.1707, the commissioner is encouraged to consult with the commissioners of commerce, agriculture, natural resources, and any other agency that the commissioner determines to be necessary to develop and implement an effective program for preventing the introduction and spread of invasive species through ballast water.
Subd. 3.
Canada and other foreign governments.
In developing the permit process and any standards established under sections 115.1701 to 115.1707, the commissioner is encouraged to consult with the government of Canada and any other government of a foreign country that the commissioner determines to be necessary to develop and implement an effective program for preventing the introduction and spread of invasive species through ballast water.
History:
2008 c 357 s 30
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.41 — Definitions.

115.41 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions given in this section shall obtain for the purposes of sections 115.41 to 115.53, except as otherwise expressly provided or indicated by the context.
Subd. 2.
Additional terms.
The definitions given in section 115.01 shall govern for the purposes of sections 115.41 to 115.53, except as otherwise expressly provided or indicated by the context.
Subd. 3.
[Repealed, 1969 c 9 s 20]
Subd. 4.
MS 1990 [Renumbered subd 6]
Subd. 4.
Agency.
"Agency" means the Minnesota Pollution Control Agency.
Subd. 5.
MS 1990 [Renumbered subd 2]
Subd. 5.
Commissioner.
"Commissioner" means the commissioner of administration.
Subd. 6.
MS 1990 [Renumbered subd 4]
Subd. 6.
Municipality.
"Municipality" means a city, sanitary district, or other governmental subdivision or public corporation.
History:
1963 c 874 s 1; 1969 c 9 s 19; 1973 c 123 art 5 s 7; 1994 c 465 art 1 s 5,6; 2008 c 277 art 1 s 97
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.42 — Policy; Long-range Plan; Purpose.

115.42 POLICY; LONG-RANGE PLAN; PURPOSE.
It is the policy of the state to provide for the prevention, control, and abatement of pollution of all waters of the state, so far as feasible and practical, in furtherance of conservation of such waters and protection of the public health and in furtherance of the development of the economic welfare of the state. The agency shall prepare a long-range plan and program for the effectuation of said policy. It is the purpose of sections 115.41 to 115.53 to safeguard the waters of the state from pollution by: (a) preventing any new pollution; and (b) abating pollution existing when sections 115.41 to 115.53 become effective, under a program consistent with the declaration of policy above stated.
History:
1963 c 874 s 4; 1969 c 9 s 21; 1974 c 406 s 63; 1994 c 465 art 1 s 7; 2008 c 277 art 1 s 97; 2012 c 272 s 61
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.425 — Noningested Sources; Phosphorus Reduction Goal.

115.425 NONINGESTED SOURCES; PHOSPHORUS REDUCTION GOAL.
The state goal for reducing phosphorus from noningested sources entering municipal wastewater treatment systems is at least a 50 percent reduction based on the timeline for reduction developed by the commissioner under Laws 2003, chapter 128, article 1, section 166, and a reasonable estimate of the amount of phosphorus from noningested sources entering municipal wastewater treatment systems in calendar year 2003.
History:
2003 c 128 art 1 s 122
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.43 — Powers.

115.43 POWERS.
Subdivision 1.
Scope.
In addition to the other powers prescribed by law, the agency shall have the powers and duties prescribed in this section. In exercising all such powers the agency shall give due consideration to the establishment, maintenance, operation and expansion of business, commerce, trade, industry, traffic and other economic factors and other material matters affecting the feasibility and practicability of any proposed action, including, but not limited to, the burden on a municipality of any tax which may result therefrom and shall take or provide for such action as may be reasonable, feasible and practical under the circumstances.
Subd. 2.
Rules.
Acting within the scope of the policy and purposes of sections 115.41 to 115.53, the agency may adopt, promulgate, amend, or rescind rules in the manner provided by law, as may be necessary or proper to carry into effect the provisions of sections 115.41 to 115.53.
Subd. 3.
[Repealed, 1973 c 374 s 22]
History:
1963 c 874 s 5; 1969 c 9 s 21; 1969 c 931 s 7; 1985 c 248 s 70; 1994 c 465 art 1 s 8; 2008 c 277 art 1 s 97
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.449 — Public Wastewater Treatment Facilities; Proposal Requirements.

115.449 PUBLIC WASTEWATER TREATMENT FACILITIES; PROPOSAL REQUIREMENTS.
A proposal for design services for a public wastewater treatment facility requiring a national pollutant discharge elimination system or state disposal system permit shall include a description of the treatment alternatives the engineer will evaluate and provide a range of all annual operation and maintenance costs of operating the facility for the first five years of operation.
History:
2006 c 244 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.45 — Compliance.

115.45 COMPLIANCE.
Subdivision 1.
Compliance.
It is the duty of every person affected to comply with the provisions of sections 115.01 to 115.09 and 115.41 to 115.53, comprising the State Water Pollution Control Act, as now in force or hereafter amended, and all rules, orders, and permits adopted or issued by the agency thereunder, and to do and perform all acts and things within that person's power required to effectuate, carry out, and accomplish the purposes of such provisions, rules, orders, and permits.
Subd. 2.
[Repealed, 1973 c 374 s 22]
History:
1963 c 874 s 7; 1969 c 9 s 21; 1969 c 931 s 10; 1985 c 248 s 70; 1986 c 444; 1994 c 465 art 1 s 10; 2008 c 277 art 1 s 97
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.455 — Effluent Limitations; Compliance.

115.455 EFFLUENT LIMITATIONS; COMPLIANCE.
To the extent allowable under federal law, for a municipality that constructs a publicly owned treatment works to comply with a new or modified effluent limitation, compliance with any new or modified effluent limitation adopted after construction begins that would require additional capital investment is required no sooner than 16 years after the date the facility begins operating.
History:
2018 c 148 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.456 — Compliance Schedules.

115.456 COMPLIANCE SCHEDULES.
The commissioner of the Pollution Control Agency must consider current debt service on existing municipal wastewater treatment infrastructure when developing compliance schedules for new effluent limits in municipal national pollutant discharge elimination system (NPDES) permits. Any compliance schedule for new effluent limits in municipal NPDES permits must be developed in a manner consistent with state and federal law to maximize the repayment of existing debt on wastewater infrastructure before requiring additional capital infrastructure upgrades. To the extent allowable under federal law, the commissioner may issue compliance schedules in municipal NPDES permits for new effluent limit requirements in excess of 20 years.
History:
2018 c 214 art 2 s 8
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.46 — Taxation By Municipality.

115.46 TAXATION BY MUNICIPALITY.
Subdivision 1.
Limitation does not apply.
Any taxes, special assessments, levied or to be levied, and any bonds or other evidences of indebtedness issued or to be issued for the construction, installation, maintenance, or operation by a municipality of any disposal system or part thereof, shall not be subject to any limitation and shall be excluded in computing amounts subject to any limitation on tax levies, special assessments, bonded indebtedness or other indebtedness and the governing or managing body and the proper officers of the municipality concerned shall have the power and, to comply with any order of the agency, it shall be their duty to levy such taxes and special assessments and issue such bonds and take such other lawful actions as may be appropriate and necessary to provide funds to meet the cost of such construction or work, notwithstanding any such limit and without any election or referendum therefor. A recital in any bond, tax levy, or assessment that the same is issued or made for the purposes of a disposal system or any part thereof ordered by the agency and is not subject to any provisions of law prescribing limits or requiring an election or referendum therefor shall be prima facie evidence thereof and that all requirements of law relating thereto have been complied with. In any suit, action, or proceedings involving the validity or enforceability of any bonds of a municipality or the security therefor, any such bond reciting in substance that it has been issued by the municipality to aid in financing a sewage disposal system or part thereof, shall be conclusively deemed to have been issued for such purpose, and in compliance with all requirements of the law relating thereto.
Subd. 2.
Tax in anticipation of need.
For the same purposes as the purposes for which a tax may be levied under subdivision 1, a municipality may levy taxes in anticipation of need and the provision of subdivision 1 shall be applicable so far as appropriate to any such anticipatory levy. If such a tax is levied in anticipation of need, the purpose must be specified in the resolution of the governing body directing the levy, and proceeds of the tax must be used only for that purpose, and until used the proceeds shall be retained in a separate fund or invested as surplus in a sinking fund may be invested under section 118A.04.
History:
1963 c 874 s 8; 1969 c 9 s 21; 1996 c 399 art 2 s 12
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.50 — Towns; Powers To Act.

115.50 TOWNS; POWERS TO ACT.
For the purposes of carrying out the policy and purposes of sections 115.01 to 115.09 and 115.41 to 115.53, there is hereby conferred upon all towns of this state the power and authority to construct, install, acquire, maintain and operate disposal systems and parts thereof, and to levy taxes, and special assessments, to issue bonds and to do all other things necessary or convenient for such construction, installation, acquisition, maintenance and operation in the same manner and extent and subject to the same limitations as statutory cities.
History:
1963 c 874 s 12; 1973 c 123 art 5 s 7; 1994 c 465 art 1 s 11; 2008 c 277 art 1 s 97
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.51 — Enforcing Contracts Between Municipalities.

115.51 ENFORCING CONTRACTS BETWEEN MUNICIPALITIES.
The provisions of any contract between two or more municipalities for any purpose relating to the prevention, control, or abatement of pollution, whether now in force or hereafter consummated as provided in section 115.49 or otherwise, may be enforced by action to compel performance brought by any municipality which is a party to the contract or by the attorney general in the name of the state at the request of the agency. In any such action the court shall have like powers as provided in section 115.071, subdivision 5, for enforcement of an order of the agency.
History:
1963 c 874 s 13; 1969 c 9 s 21; 1976 c 2 s 52
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.52 — Severability.

115.52 SEVERABILITY.
The provisions of sections 115.41 to 115.53 shall be severable and the invalidity of any section or subdivision or part thereof shall not make void any other section or subdivision or part thereof.
History:
1963 c 874 s 14; 1994 c 465 art 1 s 12; 2008 c 277 art 1 s 97
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.53 — Modifying Classification Or Standards.

115.53 MODIFYING CLASSIFICATION OR STANDARDS.
In any case where the agency has heretofore adopted and established a classification or standards for any waters as then provided by law, the agency, at any hearing held pursuant to the provisions of this section for the purpose of modification, alteration, or amendment of such classification or standards or the adoption and establishment of any classification or standards for the same waters or any part thereof as required by sections 115.41 to 115.53, may receive and consider for any such purpose any testimony received at such previous hearing, as reported in the stenographic transcript thereof, and any exhibits received at such previous hearing, which are relevant, with like force and effect and subject to like objections, if any, as if such testimony or exhibits had been produced at the hearing hereunder, together with any further testimony or exhibits which may be submitted and received at the hearing hereunder.
History:
1963 c 874 s 15; 1969 c 9 s 21; 1994 c 465 art 1 s 13; 2008 c 277 art 1 s 97
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.542 — Notice Requirements For Publicly Owned Wastewater Treatment Facilities.

115.542 NOTICE REQUIREMENTS FOR PUBLICLY OWNED WASTEWATER TREATMENT FACILITIES.
Subdivision 1.
Definitions.
For the purpose of this section, the following terms have the meanings given:
(1) "permit" means a national pollutant discharge elimination system (NPDES) permit or state disposal system (SDS) permit; and
(2) "permit applicant" means a person or entity submitting an application for a new permit or renewal, modification, or revocation of an existing permit for a publicly owned wastewater treatment facility.
Subd. 2.
Applicability.
This section applies to all draft permits and permits for publicly owned wastewater treatment facilities for which the commissioner of the Pollution Control Agency makes a preliminary determination whether to issue or deny.
Subd. 3.
Notice requirements.
The commissioner of the Pollution Control Agency must provide a permit applicant with a copy of the draft permit and any fact sheets required by agency rules at least 30 days before the distribution and public notice of the permit application and preliminary determination.
Subd. 4.
Permitting efficiency.
The commissioner must prepare and issue a public notice of a completed application and the commissioner's preliminary determination as to whether the permit should be issued or denied. The public comment period must be at least 60 days for permit applications under this section. Notwithstanding section 116.03, it is the goal of the state that tier 2 permits for publicly owned wastewater treatment facilities be issued or denied within 210 days following submission of a permit application.
History:
2017 c 93 art 2 s 123
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.551 — Tank Fee.

115.551 TANK FEE.
(a) An installer shall pay a fee of $25 for each septic system tank installed in the previous calendar year. By January 30 each year, the installer shall submit to the commissioner a form showing the number of tanks installed in each jurisdiction in the previous calendar year. The commissioner shall invoice the installers with the final fee due. Tank fee payment is due within 30 days of receiving the invoice. The revenue derived from the fee imposed under this section shall be deposited in the environmental fund and is exempt from section 16A.1285.
(b) Notwithstanding paragraph (a), for the purposes of performance-based subsurface sewage treatment systems, the tank fee is limited to $25 per household system installation.
History:
2003 c 128 art 1 s 124; 1Sp2005 c 1 art 2 s 127; 2009 c 109 s 14; 2014 c 237 s 6
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.58 — Alternative Discharging Sewage Systems; General Permits.

115.58 ALTERNATIVE DISCHARGING SEWAGE SYSTEMS; GENERAL PERMITS.
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Alternative discharging sewage system" means a sewage treatment system serving one or more dwellings and other establishments that discharges less than 10,000 gallons of water per day and uses any treatment and disposal methods other than subsurface soil treatment and disposal.
(c) "Permit" means a national pollutant discharge elimination system permit or state disposal system permit granted to any person for the installation, ownership, management, or control of alternative discharging sewage systems whose operations, emissions, activities, discharges, or facilities are the same or substantially similar.
(d) "Water quality cooperative" means an association of persons organized under chapter 308A to install, own, manage, and control subsurface sewage treatment systems or alternative discharging sewage systems and provide water quality treatment and management services for its members within a defined geographical area.
(e) "Water quality treatment and management services" means the monitoring and control of alternative discharging sewage systems to eliminate or reduce water pollution from point and nonpoint sources; the management, use, reuse, recycling, or reclamation of land, water, or wastewater for water supply; geothermal heating and cooling; fire protection; irrigation; drainage; open space or green belt preservation; stormwater management and control; flood management and control or other purposes that are part of a comprehensive plan to reduce, prevent, or eliminate water pollution.
Subd. 2.
[Repealed, 2014 c 258 s 4]
Subd. 3.
Local ordinance exemption.
Any system which is permitted under subdivision 2 is exempt from the requirements of any local ordinance adopted to conform with section 115.55 if the system complies with the applicable standards for discharges and treatment of sewage effluents.
History:
1997 c 216 s 94; 1998 c 254 art 1 s 23; 2009 c 109 s 14
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 115 — Water Pollution Control; Sanitary Districts › Section 115.61 — Authority Of District.

115.61 AUTHORITY OF DISTRICT.
A sanitary sewer district, when created as contemplated by sections 115.61 to 115.67, shall be a municipal corporation and governmental subdivision of the state, responsible for acquiring, constructing, improving, extending, operating, and maintaining facilities for the collection, treatment, and disposal of sewage and industrial and other wastes received from the sewer systems of all municipalities within its corporate limits, for the purpose of preventing pollution of public waters in excess of such reasonable standards of purity and quality as may be established by state regulatory agencies pursuant to law. For this purpose it shall have perpetual succession; may sue and be sued; may acquire real and personal property, including easements, within or outside its corporate limits, by purchase, gift, devise, condemnation, lease, or otherwise, which property, while held, used, or occupied by it, shall be exempt from taxation; may manage, control, sell, convey, lease, and otherwise dispose of such property; may make contracts, borrow money, issue bonds, levy taxes and special assessments, and establish and collect charges for services furnished or made available; and may exercise all powers granted any municipality by chapters 117, 412, 429, and 475, sections 471.59, 444.075, and 115.46, and, without limitation by the foregoing, all municipal power necessary or expedient to accomplish said purpose, whether or not necessarily implied from any power herein expressly granted.
History:
1965 c 895 s 1