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.

Terms Used In Minnesota Statutes 115.07

  • Agency: means the Minnesota Pollution Control Agency. See Minnesota Statutes 115.01
  • Discharge: means the addition of any pollutant to the waters of the state or to any disposal system. See Minnesota Statutes 115.01
  • Disposal system: means a system for disposing of sewage, industrial waste and other wastes, and includes sewer systems and treatment works. See Minnesota Statutes 115.01
  • Person: means the state or any agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity, including, but not limited to, association, commission or any interstate body, and includes any officer or governing or managing body of any municipality, governmental subdivision, or public or private corporation, or other entity. See Minnesota Statutes 115.01
  • Point source: means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. See Minnesota Statutes 115.01
  • Pollutant: means any sewage, industrial waste, or other wastes, as defined in this chapter, discharged into a disposal system or to waters of the state. See Minnesota Statutes 115.01
  • Sewage: means the water-carried waste products from residences, public buildings, institutions or other buildings, or any mobile source, including the excrementitious or other discharge from the bodies of human beings or animals, together with such groundwater infiltration and surface water as may be present. See Minnesota Statutes 115.01
  • Standards: means effluent standards, effluent limitations, standards of performance for new sources, water quality standards, pretreatment standards, and prohibitions. See Minnesota Statutes 115.01
  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
  • Statute: A law passed by a legislature.
  • Waters of the state: means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. See Minnesota Statutes 115.01

(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]