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Minn. Stat. § 115.07

VIOLATIONS AND PROHIBITIONS.

Known as the State Water Pollution Control Act

The act spans §§ 115–115 (61 sections).

Applied in 4 court decisions — leading case Reserve Mining Company, a Minnesota Corporation v. Environmental Protection Agency and William D. Ruckelshaus, Individually Andas Administrator of the Environmental Protection Agency, Reserve Mining Company v. United States of America, United States of America v. Reserve Mining Company, Reserve Mining Company v. United States of America, the State of Wisconsin v. Reserve Mining Company, Minnesota Environmental Law Institute, Inc. v. United States of America, the State of Michigan v. Reserve Mining Company (1975)

Most recently applied in In Re Authorization to Discharge & Construct Waste-Water Treatment Facilities (March 1985)

1945 c 395 s 8 -10; 1969 c 9 s 21; 1969 c 931 s 5; 1973 c 374 s 12; 1986 c 465 art 3 s 1; 2011 c 4 s 2

How often courts cite this section

19741980198510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Subdivision 1. Permit required.

(a) Except as provided in paragraphs (b) and (c), it is unlawful for any person to construct, install, or operate a disposal system, or any part thereof, until plans and specifications for the disposal system have been submitted to the agency, unless the agency waives submission of the plans and specifications and a written permit for the disposal system is granted by the agency.

(b) If a person who discharges a pollutant into the waters of the state is required by statute or rule to obtain a national pollutant discharge elimination system permit or a state disposal system permit, the person may construct or install, prior to issuance of the permit, at the person's own risk, a disposal system or any part thereof, unless the action taken:

(1) is prohibited by federal law or regulation;

(2) is by a municipality constructing a wastewater system with a design capacity of 200,000 gallons per day, or less;

(3) is subject to environmental review under chapter 116D, and prohibited from commencing construction until that process is completed;

(4) is subject to a grant or loan agreement under chapter 446A;

(5) requires a construction stormwater permit under rules of the agency; or

(6) requires a subsurface sewage treatment system permit under rules of the agency.

(c) The person is prohibited from operating the system or discharging pollutants into the waters of the state until a written permit for the discharge is granted by the agency and until plans and specifications for the disposal system have been approved, unless the agency waives the submission of plans and specifications.

(d) For disposal systems operated on streams with extreme seasonal flows, the agency must allow seasonal permit limits based on a fixed or variable effluent limit when the municipality operating the disposal system requests them and is in compliance with agency water quality standards.

Subd. 2.

[Repealed, 1973 c 374 s 22 ]

Subd. 3. Permission for extension.

(a) Except as provided in paragraphs (b) and (c), it is unlawful for any person to make any change in, addition to, or extension of any existing disposal system or point source, or part thereof, to effect any facility expansion, production increase, or process modification which results in new or increased discharges of pollutants, or to operate such system or point source, or part thereof as so changed, added to, or extended until plans and specifications therefor shall have been submitted to the agency, unless the agency waives submission of the plans and specifications and a written permit for the change, addition, or extension is granted by the agency.

(b) If a person who discharges a pollutant into the waters of the state is required by statute or rule to obtain a national pollutant discharge elimination system permit or a state disposal system permit, the person may, prior to issuance of the permit, at the person's own risk, act to change, add to, or extend an existing disposal system or point source, or part thereof, unless the action taken:

(1) is prohibited by federal law or regulation;

(2) is by a municipality constructing a wastewater system with a design capacity of 200,000 gallons per day, or less;

(3) is subject to environmental review under chapter 116D, and prohibited from commencing construction until that process is completed;

(4) is subject to a grant or loan agreement under chapter 446A;

(5) requires a construction stormwater permit under rules of the agency; or

(6) requires a subsurface treatment system permit under rules of the agency.

(c) The person is prohibited from operating the system or discharging pollutants into the waters of the state until a written permit for the discharge is granted by the agency and until plans and specifications for the disposal system have been approved, unless the agency waives the submission of plans and specifications.

Subd. 4.

[Repealed, 1973 c 374 s 22 ]

Subd. 5.

[Repealed, 1963 c 798 s 16 ]

Subd. 6.

[Repealed, 1973 c 374 s 22 ]

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.