Do the NPDES permits for Owatonna and Faribault comply with the MPCA’s phosphorus rule? In the Matter of City of Owatonna’s NPDES/SDS Proposed Permit Reissuance for the Discharge of Treated Wastewater; In the Matter of City of Faribault’s NPDES/SDS Proposed Permit Reissuance for the Discharge of Treated Wastewater (Minn. App. A03-331, A03-333) (January 6, 2004). NPDES permits for Owatonna and Faribault reversed and remanded to Minnesota Pollution Control Agency for contested case hearing. Minnesota Center for Environmental Advocacy raised issues of fact on MPCA’s application of its phosphorus rule (restricting discharge to 1 mg/liter phosphorus where discharge affects lakes or reservoirs); permits were issued without 1 mg/liter restriction and combined impact of such restriction would decrease phosphorus loading to Lake Bylles by by 25 percent. Questions of fact regarding application of phosphorus rule and MPCA methodology exist, such that presentation to neutral ALJ in contested case would aid the agency in resolving disputed facts and making final decision.
Full text of ruling
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