Does the NPDES permit for St. Cloud comply with the MPCA’s phosphorus rule? City of St. Cloud Wastewater Treatment Facility Request to Adopt Summary Disposition . . . and to Issue the NPDES Permit St. Cloud, Minnesota (Minn. App. C3-03-75)(September 12, 2003). MPCA’s wastewater permit to City of St. Cloud reversed and remanded for contested case hearing because MPCA failed to properly apply the phosphorus rule. The term “measurable impact” defined in the MPCA’s phosphorus strategy as an “individual contribution,” does not require that there be only one discharge source to the affected lake or reservoir for the 1 mg/liter phosphorus rule restriction to apply. (St. Cloud’s discharge responsible for 15-51 percent of phosphorus entering Coon Rapids Dam Pool.) Remanded to consider whether Coon Rapids Dam Pool is a “reservoir.” City of St. Paul, not City of St. Cloud, is legally responsible under Clean Water Act for any pollution entering the Vadnais Chain of Lakes through St. Paul’s aqueduct.
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