MN SF3272

Creates a regulatory certainty incentive for municipalities and industrial permit holders that voluntarily install biological nutrient removal systems using microorganisms to remove nitrogen and phosphorus from wastewater.

Eligible municipalities must install the system voluntarily and use public funds for construction, or industrial NPDES/SDS permit holders may install the system; municipalities with existing nitrogen removal technology as of July 1, 2016 are also eligible if they meet phosphorus limits and accept a commissioner-determined nitrogen limit.

Pollution Control Agency commissioner may provide phosphorus and nitrogen regulatory certainty by executing an agreement that becomes part of the NPDES/SDS permit, guaranteeing no new permit limits for these nutrients for the agreement's term.

Regulatory certainty extends for the expected design life of the system or 20 years, whichever is shorter, provided the system is properly maintained and operated; municipalities or industrial permit holders may receive certainty only once per treatment facility.

Applications for the incentive must be accepted until December 31, 2031, or upon EPA approval of a Minnesota total nitrate-nitrogen aquatic life water quality standard, whichever occurs first; existing agreements continue for their stated terms.