Minnesota Pollution Control Agency

Contact: Nancy Miller, 507-280-3590 St. Paul, Minn. - In a May 17 decision, the Minnesota Supreme Court upheld the Minnesota Pollution Control Agency's (MPCA) authority to interpret federal environmental laws that the agency enforces. The decision also reversed the ruling of a lower court and validated a permit for a wastewater treatment plant serving the communities of Annandale and Maple Lake. MPCA Commissioner Brad Moore said, "We are pleased with the outcome. The decision gives us the flexibility to improve water quality while still allowing our communities to grow. Updated wastewater treatment facilities, built in a responsible way, are necessary for cleaning up impaired waters. We intend to move forward in a thoughtful manner, in keeping with the court's guidance." The ruling acknowledged that the state had authority to allow discharge from a new facility as long as it is balanced by reductions at another facility within the same watershed. In this case, the court agreed that the MPCA made a "reasonable interpretation" of the law by allowing a 53,500 pound per year reduction of phosphorus discharge at one facility to make up for a 2,200 pound per year increase at the proposed Annandale-Maple Lake facility. Thirty-two Minnesota communities have wastewater treatment proposals on-hold pending the outcome of this case. The decision provides guidance for moving ahead in evaluating these and other proposals on a case-by-case basis. The MPCA will be working with communities to review each proposal and determine a course of action that will be most beneficial to communities without degrading the environment. The MPCA is currently developing a more transparent process for evaluating wastewater treatment proposals. The process could allow pollutant trades depending on the specific circumstances of each facility. The ultimate goal is protection and improvement of water quality throughout the state while allowing for needed community development and growth.