CONFERENCE
in the matter of
Pollution of the Interstate Waters of the
UPPER MISSISSIPPI RIVER
VOLUME II
St. Paul, Minnesota
February 8, 1964
U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
Washington, D.C.
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OOOR64002
CONFERENCE
In the matter of
Pollution of the Interstate Waters of the
UPPER MISSISSIPPI RIVER
VOLUME II
St. Paul, Minnesota
February 8, 1964
U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
Washington, D.C.
US Envi
-ntai Protection Agency
ironmental rroie
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349
EXHIBI_T!3
MINNESOTA EXHIBITS PAGE
I 449
II 469
III 497
IV 534
V 537
VI 541
VII 543
VIII 544
IX 545
X 546
XI 548
XII 573
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350
Conference in the Matter of Pollution of the
Waters of the Upper Mieaisaippl River and its Significant
Tributaries, Minneapolis-St. Paul Metropolitan Area
(Minnesota-Wisconsin) on Saturday, February 8, 1964, at 9:30
a.m., In the State Capitol Office Building, St. Paul,
Minnesota.
PRESIDING:
Mr. Murray Stein, Chief, Enforcement
Branch, Water Supply and Pollution Control,
Public Health Service, Department of Health,
Education, and Welfare, Washington 25, D. C.
PRESENT:
(As heretofore noted.)
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351 :
i
FROCEEDINOS
MR. STEIN: May we reconvene?
For the Chair, at least, may I say that we are
going to make every effort to get through as rapidly as
possible. Rest assured that we want to hear everyone, and
everyone will be heard. We will take what you say and give
it very, very careful consideration, and it will be, I am
sure, an aid to us in coining to conclusions.
I can see by this group of people who are here
on a Saturday morning what the interest in this problem is.
I certainly appreciate you people staying over and coming
on Saturday.
Next on the agenda is the State of Wisconsin, and
we would like to call on Wisconsin for its presentation.
Mr. Muegge.
MR. MUEGQE: We would like to call on Mr.
Castagna, Engineer with the Committee on Water Pollution.
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352
S. Castagna
STATEMENT OP S. CASTAQNA, ENGINEER,
WISCONSIN COMMITTEE ON WATER POLLUTION
MR. CASTAONA: Mr. Chairman, ladles and gentlemen:
I have here a summary of a report on the water
pollution control practices for the State of Wisconsin and
the summary of the Wisconsin side and the water tributaries
to the Mississippi River and the St. Croix, from about
Hudson down to about Lake Pepin.
Wisconsin has been active in the field of sewage
treatment from the time when the first municipal plant was
constructed in 1894 until the present time,when we have
about 400 plants serving public systems as well as numerous
smaller treatment works serving institutions and privately
owned establishments. The State of Wisconsin had the first
trickling filter plant in this country and the first heated
sludge digestion tank. Much of the pioneering work in
development of the activated sludge process was also per-
formed in Wisconsin, and as you might know, mostly in the
City of Milwaukee.
Since sewage disposal has historically been
recognized as a health problem, the Wisconsin State Board
of Health has been Interested In proper handling of sewage
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353 I
t
S. Castagna i
since the agency was established. Creation of the Bureau !
of Sanitary Engineering In 1919 made possible Increased |
i
efforts,as did establishment of district offices and filling !
district engineer positions in 1936. ,
t
i
Chapter 144 of the Statutes places responsibility -
for supervision of sewerage systerna in the State Board of j
|
Health. Subsection 144.03(1) gives the State Board of Health]
general supervision and control over waters of the State,
water supplies, water systems, sewage and refuse disposal
and several other items. The State Board of Health is
authorized by Subsection 144.03(2) to investigate all systems
and plants and keep complete records. Subsection 144.03(3)
provides that if the Board finds that a system or plant is
tending to create a nuisance or menace to health or comfort,
it shall order such operating remits to be secured as the
Board shall prescribe within » sr^Mfied tlm*. if the Board
finds that the absence of a municipal system or plant tends !
i
to create a nuisance or menace to health or comfort, it may
I
order a corrective system to be constructed. Section 144.04 j
!
provides that construction of a system or plant may not ;
proceed without first having had plans approved by the State j
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Board of Health. The Board is authorized to require connec-
tion of the system of one municipality with that of another j
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t
. = ndcr Section 144.07. Section 144.09 provides for the 1
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35*
S. Castagna
keeping of records of plant operation by owners; and the
agents of the State Board of Health are allowed to enter the
premises of treatment works for the purpose of observing and
testing.
Review and approval of plans are carried out by
the Section on Sanitary Engineering In the central office.
The eight district engineers maintain general supervision
over plant operation. During their periodic Inspections
they advise the operators on correct procedures, desirable
improvements, laboratory techniques, maintaining records
and other related work. Each plant is required to submit
monthly reports of daily operating records to the district
office where they are reviewed by the district engineer and
then forwarded to the central office.
In addition to the contacts made by the district
engineers, further training of operators is carried on by
the State Board of Health in cooperation with other agencies
by conducting a short course for sewage works personnel
every two years. This course consists of three days of
lectures, laboratory sessions and panel discussions. The
1963 short course was attended by 185 operators. Cooperating
with the State Board of Health in this program are the
University of Wisconsin, the Conference of Wisconsin Sewage
Works Operators, and the League of Wisconsin Municipalities.
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S. Castagna
.'-«p«ratlon with these agencies a voluntary program for
tif:cation of sewage w©rk» operators has been In effect
-<* 1,955. There are presently SOS operator* certified >.
-nts t-f four grades.
3ewa_ge Treatment Progress
A brief review of the activity of sewer system
&',,d treatment works construction In Wisconsin is of interest.
In 1920 a population of 1.2 miilion persons mat served by
futile sewer systees, with 17 percent of this population
receiving the benefit of sswage treatsmnt, Hy 1930» 55
pftrcfrrst of th« sewered population had treatment service! in
19^0 It was 89 percent,' in 1950 it wai 98 percent. We now
h&ve approximately 2,664,900 persons served by public sewers
and all but about 2,700, in six cosminitles, receive the
benefit of treatment Plants are under ronstruction or will j
i
be under construction shortly to reduce this figure to less
than 500.
Sewage Treatment Plants
Mississippi River Conference Area
Along the section of Mississippi River under
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356
3. Castagna
survey for this conference there are two Wisconsin munici-
palities which have public sewer systems. The separate
systems of these communities lead to adequate treatment
plants.
The City of Preacott, Wisconsin, with a population
of 1,536, provides primary treatment and chlorinatlon and !
i
discharges to the Mississippi River a treated effluent |
with a population equivalent of 945. i
!
The Village of Pepin, Wisconsin, with a population
of 795, provides primary treatment and discharges a treated
effluent with a population equivalent of 515.
St. Croix River
In the area surveyed the City of Hudson, Wisconsin},
provides a complete treatment plant plus chlorinatlon to
serve the connected population of 4,110 of Hudson and North
Hudson. This plant discharges to the St. Croix River a
treated effluent with a population equivalent of 822.
Wisconsin does not have the concentration of
industries along the Mississippi waterways. Where it
does, the wastes are probably discharged Into sewage treat-
ment plants.
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S. Castagna
Industrial Wastes
Wisconsin industries discharging wastes to surface
i
i
waters are under the surveillance of the Committee on Water i
Pollution. The committee 1s empowered by statutes to exer- :
i
c.ise general supervision over the administration and enforce-j
ment of all laws relating to the pollution of the surface
waters of the State and has the power to make and enforce
rules and regulations, hold hearings, issue orders, and
execute whatever is reasonable and proper to control pollu-
tion of the surface waters of the State.
One Wisconsin industry discharges wastes to the
St. Croix River in the area surveyed. The United
Refrigerator Company discharges neutralized metal processing
wastes to the St. Croix River. That is at Hudson.
Stream Surveys
A pper !•!-•? to this report are tabula* ' ans of
!
i
analyses of 5o::'v
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358
S. Castagna
1961, 1962 and 1963 establish that the St. Croix River is
a clean stream in every respect.
Interstate Joint Resolutions
The resolutions setting forth the recommended
minimum degree of treatment for Mattes to be discharged to
the St. Croix River and to the Mississippi River are
attached.
The requirements of these resolutions have been
met by Wisconsin communities and industries.
Conclusion
It can be concluded that Wisconsin municipalities
and industries in the area surveyed have provided adequate
facilities for treatment of wastes and their treated wastes
are not adversely affecting the waters of the area.
(The charts attached to Mr. Castagna's statement
are as follows:)
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361
JOINT RESOLUTION
MINNESOTA WATER POLLUTION CONTROL COKMISSION
AND
WISCONSIN COMMITTEE ON WATER POLLUTION
WHEREAS, the Mississippi River is an interstate stream bounding the States
of Minnesota and Wisconsin and pollution thereof originating in one state
may adversely affect public health and public rights in the adjoining
state, thus creating problems of common interest and requiring correction
by said states;
WHEREAS, sewage and industrial wastes now discharged into the river and its
tributaries does or is likely to create a nuisance or render such waters
harmful or detrimental or injurious to public health, safety or welfare, or
to domestic, commercial, industrial, agricultural, recreational, or other
legitimate uses, or to livestock, wild animals, birds, fish or other aquatic
life; and
WHEREAS, protection of public health and preservation of public rights demand
that said waters shall be made suitable for all normal legitimate uses; now,
therefore, be it
RESOLVED, that the Minnesota Water Pollution Control Commission «nd Wisconsin
Committee on Water Pollution, each does hereby agree to require the correction
of existing and prevention of additional pollution within the boundaries of
its state to the end that said waters may be maintained or rendered suitable
for all purposes heretofore defined and that in the attaining of these objec-
tives the guiding policy shall be the requirement that facilities for treat-
ment of sewage and for industrial wastes shall provide at least effective
sedimentation or equivalent, substantially complete removal of floating solids
or liquids, and reduction of toxic materials to less than lethal limits for
aquatic life, with the understanding that additional or special type treatment
be required in those areas where water uses so dictate; and be it further
RESOLVED, that adoption of this resolution by the water pollution control
agency of each state shall be evidenced by the signature of its executive
officer.
Dated this j ( day of ^%ffi6^, 1953.
Minnesota Water Pollution Control Commission
, xfc^,.
/I
Wisconsiiv/Committee on/^ater Pollution
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362
JOINT RESOLUTION
IffNNESCTA WATER POLLUTION CONTROL COMMISSION
AND
WISCONSIN COMMITTEE ON WATER POLLUTION
WHEREAS the St. Croix River is an interstate stream common to the States of
Minnesota and Wisconsin and pollution thereof originating in one state does
or may adversely affect public health or public rights in both states, thus
creating a problem of common interest and requiring correction by said states;
and
WHEREAS sewage and industrial wastes now discharged into said river and its
tributaries do create or are Likely to create a nuisance or render such
waters harmful or detrimental or injurious to public health, safety or welfare,
or to domestic, commercial, industrial, agricultural, recreational, or other
legitimate uses, or to livestock, wildlife, fish or other aquatic life; and
WHEREAS protection of public health and preservation of public rights demand
that said waters shall be made suitable for legitimate uses; now, therefore,
be it
RESOLVED, that the Minnesota Water Pollution Control Commission and Wisconsin
Committee on Water Pollution each does hereby agree to require the effective
correction of existing pollution and prevention of additional pollution within
the boundaries of its state as provided by the laws of such state to the end
that said waters may be maintained or rendered suitable for all purposes
heretofore defined and that in furtherance of said objectives the guiding policy
shall be the requirement that facilities for treatment of sewage for all sewered
municipalities shall provide at least effective sedimentation plus chlorination,
with such design of treatment plants that secondary or other higher degrees of
treatment may be added as conditions may require, and that facilities for treat-
ment of industrial waste shall provide the most effective treatment warranted
by conditions in each case with the understanding that additional or special
type treatment be required where water uses so dictate; and be it further
RESOLVED, that adoption of this resolution by the water pollution control
agency of each state shall be evidenced by the signature of its executive
officer.
Dated this // day of Jluf(Ji*<
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363
S. Castagna
MR. MUEGQE; Mr. Caatagna, these resolutions
that you referred tc are the interstate resolutions, agree-
ments that have been made between the water pollution
control agencies in the two States?
MR. CASTAGNA: Both Minnesota and Wisconsin.
MR. MUEOGE: Yes.
We would like to submit this report to be
included in the transcript as if read in its entirety.
MR. STEIN: That is understood.
Are there any other representatives of Wisconsin
you would like to call on?
MR. MUEGGE: Yes. We have Mr. Howard Krauss.
i
MR. STEIN: By the way, are there any other j
questions?
MR. SMITH: Yes.
MR. STEIN: Pardon me. I am sorry. Mr. Castagna
will you come back?
MR. SMITH: You stated in the report that the
Wisconsin communities have provided adequate treatment.
This is based on the fact that the populations served are
small and you feel primary treatment is sufficient?
MR. CASTAGNA: These are the requirements on
the Mississippi. It is not the adequate requirements on
the Mississippi River.
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364 ;
S. Caatagna
i
MR. SMITH: I would also like to refer to the
tabulation, the first table is attached to the report.
Under 1961, 12-26, you have a five-day BOD of 9.
Could this be a typographical error?
MR. CASTAONA: No. You mean, it doesn't have
the 9.0?
MR. SMITH: It doesn't have a 9.0, and I wondered
if the decimal point should make it a .9. A value of 9 i*
higher than we have found, to my recollection.
MR. CASTAGNA: That I am not exactly sure about,
Mr. Smith.
MR. WISNIEWSKIi Mr. Smith, I can clarify that.
It is apparently a typographical error, because, if you will
look at the bottom of the page, we have the mean, the
maximum and the minimum, and the maximum is listed as 4.1
and the minimum at less than .5» BO that that must be a
typographical error.
MR. SMITHi Yes. Also, the differences in the
pH as determined in the laboratory and in the field, I
noticed, are very considerable.
MR. CASTAONA: Probably the temperature might
have some effect on it.
I notice that when I take samples of pH, we use
a standard oolorlmetrlc method, and this colorlmetrlc method
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S, Castagna
may be affected sometimes by the color of the waste, and
in the laboratory the^ n&ve an electronic pH meter, which !
may account for the difference. ;
MR. SMITH: That is all I have.
i
MR. STEIN: Mr. Poston?
!
MR. POSTON: I note that on the first page here, !
the State Board of Health has the responsibility for
inspection of waste treatment works and that you receive
operating results. I would just like to ask the question >
\
whether or not you feel that you have an ample budget and |
i
ample personnel to do the job that you think Is necessary '
I
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i
with respect to inspection and operation of treatment plants'*
MR. CASTAGNA: I think I would like to refer i
that to Mr. Muegge, our State Sanitary Engineer, if I may. i
]
MR. MUEGGE: Are you referring to the region in |
question here, or to the entire State, Mr. Poston? ,
i
"'IR, POSTON: iVell, I think we are primarily i
i
interested in the region here along the Mississippi River, (
i
the area r;hat affects the Mississippi River. This is what i
|
i wo-.ld oe most interested in. i
MR. MUEGGE: Well, I think our District Office
is sufficiently staffed in that area to provide the
necessary surveillance over sewage treatment plants along
the St Crol>x and Mississippi Rivers.
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366
S. CaBtagna
MR. STEIN: Are there any further comments or
questions?
MR. WILSON: That la a relatively sparsely
settled portion of the State, is it not, Mr. Muegge?
MR. MUEGGE: Well, it includes seven or eight
counties -- I don't know exactly how many. The area extends
from Superior down to below Clara. It is a large area,
but, well, generally not too heavily populated.
MR. WILSON: Do you have enough staff to provide
systematic periodical inspections as to the operation of all
sewage treatment plants in this area, or any part of the
State?
MR. MUEGGE: In that particular area, I think we
do. In some of the other parts of the State, we do not have
sufficient personnel.
MR. WILSON: But at least as far as this area
is concerned, the density of population and the number of
plants is rather small compared with the eastern part of the
State, so in that area you would have enough staff to give
the plants adequate inspection?
MR. MUEGGE: Yes, we believe that to be correct.
MR. WILSON: All right.
MR. POSTON: Those are all the questions I have.
MR. STEIN: By the way, I Just have one question
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36? ;
S. Castagria
now.
In view of the fact that this is sparsely i
populated and you do have enough people to check the plants,
]
do you also have enough people to check the quality of the
river to find out what is happening in the river going
i
down there? '
i
MR. WISNIEWSKI: I think the tabulations in here j
i
i
testify to that fact. We have a regular monitoring program
In the area, and this is only one of the stations. There
are something like 37 stations in the State that we monitor,
which gives us adequate coverage for our purposes.
MR. STEIN: You mean you have one station on this
river?
MR. WISNIEWSKI: Oh, no. This is the one station
down at the mouth where it discharges into the Mississippi
River, and that is what we were concerned with.
MR. CASTAGNA: We also sample at La Crosse and
]
at Dubuque, Iowa, along the Mississippi. '
MR. WISNIEWSKI: I might point out to Mr. Stein,
from the name of our agency, we are called the Committee
on Water Pollution, and so we are very much interested in
the polluted streams, and we have a pretty good amount of
clean water up in this area. We are not bothering with
collecting samples of clean streams. We use our personnel
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S. Caatagna
to check on the polluted ones.
MR. STEIN: That la what I Mould expect you would
do.
Are there any further questions or comments?
(No response.)
MR. STEIN: Mr. Krauss.
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369
H. Krauss
STATEMENT OP HOWARD KRAUSS, MEMBER,
ADVISORY COMMITTEE TO THE WISCONSIN
DEPARTMENT OP RESOURCE DEVELOPMENT
MR. KRAUSS: Mr. Chairman, members of the panel:
My name la Howard Krauss. I am a lifelong
resident of Pierce County in Wisconsin, a county bordering
on the Mississippi River. I serve as a member of the
Advisory Committee to the Wisconsin Department of Resource
Development, also as a member of the Executive Committee
of the Wisconsin Council of Resource Development and Con-
servation, and as the Director of Field Services for the
Wisconsin Farmers Union, an organization with many land-owninjg
members in the Mississippi River watershed.
Wisconsin's citizens are increasingly aware and
Informed on the serious developing water and pollution
problems. This is evidenced by Wisconsin's passage of the
first legislation banning the sale of non-degradable
detergents in the nation, also by passage of several other
pieces of important legislation on pollution and zoning.
Isolated instances of extreme or accidental
contamination of a lake or stream always cause local concern,
also some radical approaches and comments. However, I feel
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370
KB Krauss
It isi truthful to say that more and more Wisconsin people
are concerned about pollution and that an increasingly high
percentage of Wisconsin people are determined to see
reasonable, constructive efforts put forth to improve con-
ditions .
Wisconsin's citizens are concerned with water
pollution in a general way or as it affects them. Our
residents of western Wisconsin are especially concerned with
the problems of the Mississippi River. Often much of the
incensed feelings displayed and the extreme criticisms by
people of western Wisconsin which is directed at our good
i
I
neighbors ?.n Minnesota concerning Mississippi pollution, comet
from lack of understanding of the immense problems involving
a metropolitan area. These people may not be entirely
familiar with the similar problems and conditions we have
in the Milwaukee and Pox River Valley areas of Wisconsin.
The matter of how fast and to what a great extent
the polluted conditions of the Mississippi River have
increased over a period of the last three or four decades
is what is so alarming and causes concern to those familiar
with conditions. Many of our people feel that the economic
motives of industry in the Twin Cities area may be the most
serious retarding factor in the failure to attain suitable
progress.
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H. Krauss
Cleaning up a river 1,400 miles long is certainly
not a job for local municipalities or even States unless
directives are implemented and compliance assured by the
Federal Government. Pollution of the Mississippi River is
destroying a great asset of this nation and the individual
States bordering it. Not only is the entire recreation
potential in jeopardy, but under a continuation of present
conditions destruction of fish and wildlife is Imminent.
Surely, cities downriver Mho must use the water have a
right to expect constructive progress toward improvement.
Just as pure, clean water is the source and
sustaining force of life, health, and cleanliness, so con-
taminated water is the source of death and destruction.
The contamination of our diminishing supplies of fresh water
is one of the scandals and one of the serious crises of our
time; for surely it is true that the measure of a nation's
greatness can be determined by how well it provides for the
protection of its citizens1 health and welfare. The sur-
vival of our nation depends upon the adequate solution to
our water problems.
It is my opinion, having worked and working with
the various departments in the State of Wisconsin, that
the finest cooperation from various Wisconsin State agencies
Involved in the important undertaking of correcting the
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372
H, Krauss
Mississippi River conditions can be expected. Wisconsin
people are leading the nation in efforts to preserve and
promote clean water. We are initiating and enforcing
programs to clean up the polluted conditions of our metro-
politan areas and the entire State. We have passed legis-
lation with teeth in it. We expect our Minnesota neighbors
to do the same.
It has been said that some Federal assistance
would be welcome. I think that Federal assistance would
help. I do think that some Federal assistance might help
get the Job corrected.
I might also say that you can get a lot of
political hay from 10,000 dead ducks, but I have also found
that election time is promise time, and after election time
is alibi time.
I think that right now the people of Wisconsin
and Minnesota think it is action time.
Thank you.
MR. STEIN: Mr. Krauss, thank you.
Do you have any comments or questions?
DR. HARGRAVES: No, I think not.
MR. STEIN: Are there any from Wisconsin?
MR. WISNIEWSKI: No.
MR. STEIN: Mr. Krauss, would you Just wait a
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373
H. Krauss
moment, please?
MR. KRAUSS: Yes, air. i
MR. STEIN: I ahould point out that big rivers
sometimes can be cleaned up. Mr. Cheater Wilson was with
i
us on this effort on the Missouri River, where, in 1955 or
i
1956, not one major city had a treatment plant, and they all
i
had water Intakes downstream. Now they are either under j
i
construction or completed, with plants at Omaha, above that '
i
at Sioux City, St. Joseph, Council Bluffs, Atchison,
i
Leavenworth, the Kansas City area, and in St. Louis, so this j
i
really can be done in a river. The question is to take |
!
the segments one by one. i
i
I might also say that there is one thing about
this Federal procedure. It is inexorable. It goes, and
this does not deal with election time or in-between time. '
i
It moves, I think, and this may be one of the problems of [
i
the resistance to it. i
I take it then that you don't share the view
that the Mississippi River here is really clean water and
that we should take our samples somewhere else, where there
might be dirty water?
MR. KRAUSS: I do not. I might say that the
people of western Wisconsin, as I mentioned, may not be
aware of the problems involved in the metropolitan area, and
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37**
H. Krauas
I have been embarrassed sometimes by how Incensed they
become at some of the various meetings we might have on
reciprocity of fishing and hunting regulations, and so forth
But we do hope that improvement can be attained,
and as soon as possible. We think it Is very, very important);
MR. STEIN: Thank you, sir.
MR. MUEQQE: May I ask the Chairman whose view
he was referring to when he asked the question of Mr. Krauss"
MR. STEIN: I was asking from Mr. Krauss1 view.
MR. MUEOOE: Would you read his question?
MR. STEIN: I think I know Jt. I said, I take it
;,ou don't share the view. I was Just thinking editorially,
that there might be a view like that. I wasn't referring
to anyone's view.
MR. SMITH: Might I ask the Chairman what degree
of treatment will be provided at Omaha, St. Joseph and
Kansas City?
MR. STEIN: The requirement there is to put in
primary treatment and determine how primary treatment
operates.
If that does not achieve the result, then there
will be the consideration of putting in secondary treatment,
and further measures will be in order. These cities, as
jou know, had absolutely no treatment at all.
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H. Krauss
MR. SMITH: In other words, air, there will b«
or it may have under construction the type of facility that
the Minneapolis and St. Paul area has had since 1938?
MB. STEIN: Well, this hasn't come in yet since
Minneapolis and St. Paul. I am Just assuming that is so.
This very well may be true.
I think again, since this has been brought up,
it might have been part of the discussion, but I think the
point is very well taken, Mr. Smith. Where you have a
situation where no treatment is being provided, you can
run a. relatively simple survey and come up with a plan for
remedial action by telling all these major polluters who
are doing nothing that treatment has to be provided.
However — and this, Mr. Krauss, you are absolute-
ly right on -- the major problems we have are in most of
our big metropolitan areas. You are not unique in the
Minneapolis-St. Paul area. We have the sane problem in all
the big metropolitan areas.
Where our treatment is being provided and the
people of the region still believe that the streams are not
being used to their maximum effectiveness, we have a much
more subtle problem than in the areas where they are not
providing any treatment at all. As a matter of fact, for
the regulatory agency it is a lot more expensive.
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Hs Krauss
You can't just go out and say broadly, "Put
In treatment and start with primary treatment, and we will
see if we need more." You have to analyze with particularity
!
I
precisely where the waste is coming from. Some people may j
very well have adequate treatment now. Some sources may
have plans for adequate treatment in the future. Some
sources may not have. Those are the ones you have to get
after. Some places aaay have adequate treatment facilities
which are, for one reason or another, not being operated
at reasonable efficiency 3^5 days in a year. This has to
be looked at, and thia is a very hard problem to get at,
because, generally speaking, when you are dealing with a
utility, such as an electric utility, for example, there
has to be enough Juice for the lights to go on at four
o'clock on the winter afternoon when the men are in their
offices turning the lights on, and the ladies are putting
their appliances on at home. If you turn the switch and the
lights don't go on, then complaints begin pouring in.
However, in a waste treatment plant, if some-
thing is by-passed or it doesn't work, who knows about it
unless someone is out there monitoring it? So, I would tay,
Mr. Smith, you have put your finger on precisely the problem,
I think, because you are this far ahead, and we may have a
much more difficult and subtle problem in this area.
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H. Krausa
MR. WILSON: Mr. Chairman, in view of the
comments that you have just made, I Mould like to aak Mr.
Krauss a few questions, if he would please take the stand
again?
MR. STEIN: Surely.
MR. WILSON: Mr. Krauss, did you ever see the
Mississippi River as it was before the Twin Cities sewage
treatment plant was constructed In 1938 and the South St.
Paul sewage treatment plant constructed in 19*10, when it was
in the filthy condition of an open sewer? Did you ever see
the river at that time?
MR. KRAUSS: Yes, sir, I did.
MR. WILSON: Then you know how it was and you
will be able to answer my questions about the comparison.
There was very substantial improvement in the
condition of the river after those two plants were con-
structed, was there not?
MR. KRAUSS: I would have to put it this way:
I am sure there was. I fished the river much as a boy and
through the years. Some things changed after the dams were
put in the river. There was not the amount of floating
debris that floated away down into Lake Pepln, and the ponds
formed by the Hastings Dan and the Red Wing Dam seemed to
catch a lot of the floating debris. But I am sure that the
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378
H,
water was much improved, and In a much better condition,
after treatment was used.
MR. WILSON: Those channel dams went into
operation about the same ti»e, did they not? That is, the
Red Wing Dam went into operation, I believe, in 1939, did
it not?
MR. KRAUSS: Something like that. I don't know
exactly.
MR. WILSON: So that the completion of the
entire channel dam system involving 26 dams between the
Twin Cities and St. Louis went into operation Just about the
same time these two towns got their sewage treatment plants
completed, and the completion of those plants operated to
relieve a lot of the filthy stuff that went down the river
and would have been caught by those dams if it had not been
for the construction of those plants.
So that is there any question at all but that
after those plants went into operation, all the people on
both sides, Minnesota and Wisconsin, enjoyed a great deal
better conditions in the river than they had before?
MR. KRAUSS: I think that this was a vast im-
provement .
MR. WILSON: we are not claiming that it was
perfect, by any means, but it was a vast improvement?
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379
H. Kraut*
MR. KRAUSS: Right.
MR. WILSON: And all through Pool No. 3 and all
the pools down the river, there has been a lot of fishing
and public recreational use of that water?
MR. KRAUSSz I would agree with you, except to
say that the last few years the conditions have been becoming
extremely worse.
MR. WILSON: You took the words out of my mouth.
(Laughter.)
MR. KRAUSS: I don't know. You people are the
technicians, and you have the staff to find these things
out.
I speak only as a citizen and, like you say, you
have to find out where these things come from. I don't know
if they come from refineriesj I don't know if they come
from packing plants; I don't know where they come from; but
I know they are there and I know that the oxygen content of
the water must be dropping. I don't even test it, but I
know the game fish aren't there.
MR. WILSON: Well, you have answered my next
question already.
MR. KRAUSS: Thank you.
MR. WILSON: The present condition with which we
are confronted results from the overloading of the capacity
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380
H, Krauas
of those plants, which, within the last ten years, has
produced an admitted degradation of the water quality; but
inasmuch as you remember the conditions that prevailed when
the Mississippi River was a filthy open sewer, would you
V-
say that It has now become h&t- bad?
MR. KRAUSS: I would aay that this part of the
condition and the floating debris that used to come down
into Lake Pepin is much, much inproved.
MR. WILSON: Even now?
MR. KRAUSS: Yes.
MR. WILSON: So that what we --
MR. KRAUSS: I am not talking about oil. About
other types of debris.
MR. WILSON: So that what we have to deal with
is a condition of depreciation of the improvement that was
obtained for quite a few years after those plants were
constructed.
MR. KRAUSS: But, you see, I have never known
if the disposal plants stopped the refuse from floating
down, or if the ponds created by the dams did this, caused
a settling point. I mean, this is also something for you
to answer.
MR. WILSON: I think that was very clearly
brought out by Mr. Rademacher yesterday. His analysis of
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381
H. Krauee
the river conditions disclosed very serious deterioration
of the water quality, but there was no report of any serious
amount of floating debris, or that kind of stuff that used
to go down as the raw sewage and packing plant wastes.
MR. KRAUSS: If I might make one additional
short statement, Mr. Chairman? !
MR. STEIN: Yes. j
MR. KRAUSS: in Wisconsin, I think that we have j
i
found this: That we did have a hard time to get compliance !
and correction of some of our problems, some years back,
i
but we have had an extensive program of educating our j
j
people through the various news media, sportsmen's clubs, !
j
and in various ways, until our people in Wisconsin are very
consc'ous of pollution. We have passed some very, very good
legislation with teeth in it, and our people are demanding
enforcement.
Mr. Wisniewski doesn't go out and say, "What are
you going to do about it?" He tells them. Hte orders them,
and this ia because our people feel this way.
I
Thank you.
i
MR. WILSON: Just a minute, Mr. Krauss. I might i
I
say that we folks over here in Minnesota have frequently j
!
pointed to Wisconsin as an outstanding example of leadership '
in water pollution, in an effort to get our legislature to
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382
H. Krauss
do the same as yours.
However, you referred to the fact that many of
your people in western Wisconsin don't understand the
problems that you have had to deal with over around
Milwaukee and the Pox River Valley, with which I happen to
be somewhat familiar.
MR. KRAUSS: Right.
MR. WILSON: You went through more or less the
same process over there, didn't you? That is, they built
sewage treatment plants in the early days, and they operated
fine for quite a while, arid then they became overloaded
and you had the same struggle to get that condition
corrected that we are now facing here in the Twin Cities
area. We probably can profit by your example in dealing
with that problem.
MR. KRAUSS: We would hope so.
Thank you.
MR. STEIN: Thank you very much, Mr. Krauss.
MR. MUEGGE: I would like to call on Mr. Hanson.
1 assume Mr. Hanson is a Scandinavian and should be right
at home here.
MR. HANSON: Danish.
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I
I
383 ;
!
M. Hanson
STATEMENT OP MARTIN HANSON, PRESIDENT,
WISCONSIN COUNCIL OP RESOURCE DEVELOP-
MENT AND CONSERVATION
MR. HANSON: My name is Martin Hanson, Mellen, ]
Wisconsin, President of the Wisconsin Council of Resource
Development and Conservation, an organization of groups and
clubs in Wisconsin banded together to promote the wise use j
of our natural resources. i
The Mississippi River is the largest river basin j
in this country and offers tremendous scenic and recreational
t
opportunities that should not be dlfflinished by unnecessary j
water pollution. The Mississippi should be kept as clean j
t
aa possible to insure all values, such as swimming and the j
;ike.
Wisconsin has long striven to protect its water
resources. Our State has passed legislation banning the
sale of non-degradable detergents by the end of 1965. Our
jegislature has been considering two other bills, among
others. One seals boat toilets, the other prohibits refuse
disposal in flood plains. Obviously, such regulations mean
little on interstate waters if a neighboring State does not
also prohibit these actions.
-------
M. Hanson
We have to scick together on pollution control
and each State must have some assurance that they are not
oerring a disproportionate share of the load. Pollution
abatement costs money. To Insure that industry and citizens
of each State are treated fairly, we need national standards,
established by the Federal Government, with State help and
advice. To this end, passage of th« Federal Water Bill S.
6^9 would be a big step forward.
In our society today, we can afford the dollars
to cltan up water and make this a decent world to live in.
MR. STEIN: Thank you, Mr. Hanson.
Are there any comments or questions?
MR. SMITH: I would like to know: Does your
Wisconsin law require the sealing of all boat toilets?
MR. HANSON: The statement said that we were
considering these two bills.
MR. SMITH: Thank you.
MR. STEIN: Are there any further comments or
questions?
MR. POSTON: No questions.
MR. STEIN: Thank you very much. I know you
have waited a long time, and we thank you for your for-
bearance.
MR. MUEQGE: Mr. William Ruth, please.
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385
W. Ruth
STATEMENT OF WILLIAM RUTH, PRESIDENT,
WISCONSIN FEDERATION OP CONSERVATION
CLUBS
MR. RUTH: My name is Wllllam Ruth and I am
the President of the Wisconsin Federation of Conservation
Clubs.
The Wisconsin Federation of Conservation Clubs
is a statewide organization of affiliated conservation
clubs with an estimated membership of over 60,000 individuals
and is the Wisconsin affiliate of the National Wildlife
Federation.
We consider the prevention and control of water
pollution the most serious problem facing us today and we
wil3 always support the enactment and enforcement of better
anti-pollution laws, both national and State.
We believe that we cannot continue to contaminate
and pollute our land and water the way we are doing at the
present time.
When we check back over 1963 and add up the list
of unexpected major pollution accidents we find that
here in the Midwest we really had a banner year.
It started with the oil pollution in the
-------
W. Ruth
i
M;ss " 3fj' ppl. Tn early Tall a pond of acid broke out and j
i
polluted the Oconto River at Oconto, Wisconsin. A short ;
time later forty miles of the Embarrass River in IllJnols 1
i
was contaminated with cyanide. Also this fall thousands of i
gulls along with some loons and ducks died in Lake Michigan.!
W<- suspect that pollution in the Great Lakes may be <
t
responsible for this. Either from poison or a pollution- :
caused disease. !
i
The pollution of the Great Lakes is another i
r
I
serious problem and Wisconsin is contributing its share. ;
i
This must be eliminated. j
i
In the face of this and all other pollution ,
nformation we are forced to conclude that we are not j
keeping up with the pollution control needs of our expanding 1
i
population. ;
i
Our expanding population has created greater
I
demands on industry and also greater opportunities, and j
I
i
industry has developed through research more and better
i
products. i
They have also created a great variety of chcmicaj
poisons that are being spread over the land and into the
waters with practically no control over their indiscriminate
use.
We wonder how long It will be before some of our
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387
W. Ruth
soil will become so saturated with these poisons that it
will be unusable.
Thousands of tons of top soil from the fields in •
Britain's Kent County are to be dumped into the Atlantic
Ocean because they are overdosed with weed killer. The
Ministry of Agriculture ordered the dumping after two cows
put to graze in the fields died. The poison got into the
soil through fumes from a factory making weed and rodent
killers.
i
I
How long can we continue to develop and use these :
poisons without knowing what the result will be? '
!
1
This increase in population and the expansion of \
\
\
industry has also caused great sanitation problems in j
i
i
cities and metropolitan areas, and rarely have these areas j
,
»
kept abreast of this development, let alone improved i
{
previously inadequate pollution control. I
;
t
We have been aware and concerned about the pollu-j
|
tLon of the Mississippi River for a number of years. i
Last spring, after receiving all information
available about the oil spills, we requested Governor
Reynolds of Wisconsin to ask the help of the United States
Public Health Service in cleaning up the Mississippi River.
Governor Reynolds and Governor Rolvaag of
Minnesota, after consultation, did that and they are to be
-------
388
W. Ruth
commended for their action.
We are really happy to see the prompt action
taken by the United States Public Health Service in starting
this investigation of the pollution problems on the Upper
Mississippi River.
We realize the importance of this study and
fully support their plans for a thorough investigation.
However, we believe that there is much that can
be done by strict enforcement of existing laws which would
improve the situation to a great extent.
We hope that we do not have to wait until the
investigation is completed before a start ia made to control
known sources of pollution.
We urge and will support strong action by the
United States Public Health Service to clean up the
Mississippi and its tributaries.
We know that the States are not set up to do the
Job within the foreseeable future.
It was very plain at the meeting at Wabasha that
both Minnesota and Wisconsin have very able and sincere
people on their Pollution Control Committees, but they have
their hands tied by the lack of adequate legislation,
funds and personnel.
We cannot expect the needed action from the
-------
389
W. Ruth
State committees without sufficient funds to operate.
It may be a long time before these funds are
available and we cannot afford to wait.
We hope that the United States Public Health
Service will eventually set up standards that must be met
to eliminate the pollution in the Upper Mississippi River.
These standards should be high enough to allow recreational
activities, support normal and healthy fish populations, and
other aquatic life.
Regulations should be set up to eliminate insofar
as can be foreseen the possible sources of pollution that
oaused the oil pollution in 1963.
We hope that the States will come up with adequate
legislation and funds for effective pollution control
programs.
Then, with the Federal and State Pollution
Control Departments working together on our pollution
problems, we can expect to reach that goal much faster.
Thank you, Mr. Chairman.
MR. STEIN: Thank you, Mr. Ruth.
Are there any comments or questions?
MR. SMITH: No.
DR. HARGRAVES: No.
MR. STEIN: Mr. Muegga?
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390
W. Ruth
Mr. MUEGGE: Are the conservation clubs supporting
legislation and increased appropriations for water pollution
Control?
MR. RUTH: Absolutely.
MR. MUEQOE: Are they doing it at the State and
local levels?
MR. RUTH: At the State. I don't think we
are concerned so much with the local levels. We are con-
cerned, yes. We feel that the higher the authority is,
the better and more equitable the results will be.
MR. MUEQGE: Even if the cost is higher?
MR. RUTH: That is, I think we are prepared for
the cost if the results are obtained.
MR. MUEGGE: When I refer to local areas and
local appropriations --
MR. STEIN: Would you speak up, Mr. Muegge?
MR. MUEGGE: When I refer to local areas and
local appropriations, I wonder if your clubs and organiza-
tions actually pushed for the passage of bond issues, and
so forth, in the communities?
MR. RUTH: Certainly. We support that at any
time.
MR. MUEGGE: We would be much interested to
receive any material that you may have Indicating such
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391
W. Ruth
reports. It will help us.
MR. RUTH: We also appreciate Information from
you where the support is needed.
MR. MUEGOE: Very good.
(Laughter.)
MR. STEIN: Thank you, Mr. Ruth.
Mr. Muegge?
MR. MUEOQE: Mr. Earl Poster.
MR. POSTER: I will pass. Practically everything
that I have In mind is fairly well covered, and I don't
wish to waste your time.
MR. STEIN: Would you identify yourself as to
area, air, for the record?
MR. POSTER: I am a member of the Pierce County
l
Conservation Committee, and also represent the Trimble Rod •
r
b
and Gun Club, which is a new and active organization. j
MR. STEIN: Thank you. |
f
Mr. Muegge ? [
VSR. MUEGGE: We have a statement from Mr. t
i
Swen Sorensen, which we would like to read into the record.
MR. MC DERMOTT: You might find me hesitating j
i
once in a while as I read this. I am having a little j
>
difficulty with Mr. Sorensen's penmanship. It is not really j
too Dad. Perhaps it is my fault. j
-------
392
S. C. Sorensen
STATEMENT OF S. C. SORENSEN, COMMERCIAL
FISHERMAN, BAY CITY, WISCONSIN, PRESENTED
BY MR. MC DERMOTT
MR. MC DERMQTT: Mr. Sorensen has this to say:
He gives his address ais Bay City, Wisconsin, Commercial
Fisherman, age 62.
"As a child I helped my father gillnet in the
winters of 1915-1916 when we had nets. Where the
current of the Mississippi River went through the
nets we got much paper slime, chicken entrails,
contraceptives (rubber) by the hundreds. In those
areas we got no rough fish.
"After the dams went in there was not so
much of this noticed. However, a few years after
the Hastings dam was in operation the gates were
raised and the muck and sludge above Lock No. 2
was washed down and deposited a considerable layer
on the islands below Preocott. Some of this settled
in the bay at Bay City, Wisconsin.
"That summer weeds grew up quite badly and
then in June we had a calm week or so. I noted the
fish acted stupid for a couple of days -- they were
-------
393
S. C, Sorensen
''mostly northern pike bass, sunfish and crappies.
They all died for one mile east of Bay City.
There were thousands of large northern pike belly
up as far as a person could see. We laid this
en to the pollution on the bottom. About 7 or 8
years ago I bought for the Sorensen Pish Company
at Bay City, Wisconsin, about 9,000 pounds of
Buffalo from the Department of Rough Fish Removal
-- A. K. Feist, St. Paul, Minnesota. These fish
werp sold to the highest bidder. I paid 1^4 cents
g pound for then.. These fish were packed by us
and shipped to Bell and Terminal Fish Company in
'•Jew York. We \~st also the labor and 90 boxes of
1 ~>"5 eacr because the fish were unfit for human
Consumption. I was never reimbursed for my loss.
T'.e fish came from Spring Lake. Now, then in 1933-
3'* i nought at least 25 carloads of about 30,000
pounds each for a New York firm of all carp from
Mr. Malli^k at Spring Lake. These carp were
excellent. My contention is that the refinery
has caused the bad taste of the fish more so than
tne common sewer.
'The oil this year did spoil our fish. For
about fcnree weeks there was a mess on nets and
-------
39*
S. C. Sorensen
"boats, but we realize this was an accident. We
hope that a more rigid control is instituted." j
Signed |ft --and I believe his middle initial is |
'C." --"Sorensen." j
i
MR, STEIN: Thank you, Hr. McDermott.
Are there any comments or questions? Are there
any?
MR. MUEGOE: No.
MR. STEIN: Off the record for Just a rooaent.
(Discussion off the r«ccrd.)
MR. STEIN: All right.
MR. MUEQQE: We Mould like to read a statement
into the record prepared by Mr. Lloyd Spriggle.
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395
L. V, Sprlggle
STATEMENT OP LLOYD V. 5PRIGGLE, BAY CITY,
WISCONSIN, MEMBER OP THE- UPPER MISSISSIPPI
POLLUTION CONTROL COMMITTEE, PRESENTED BY
MR. MC DERMOTT
MR. MC DERMOTT: This is addressed to Chairman,
United States Enforcement Conference, Regarding Pollution
of the Upper Mississippi River, St. Paul, Minnesota, dated
February 7, 1964.
"My name is Lloyd V. Spriggle. I am from Bay
City, Wisconsin, a member of the Upper Mississippi
Pollution Control Committee and I have been aaked
to speak for the Wisconsin members.
"Time and again 1 have heard expressed the
need for public support for programs of the type
we advocate. This makes good sense, there is no
point In cleaning up if no one complains. We now
have that support. We have sizable sections of the
populations of two states, both Governors, various
agencies of state and federal government, state and
federal legislators, congressmen and senators from
both sides of the river as well as the expressed
desire of President Kennedy behind the clean-up
-------
395
L. V. Spriggle
"campaign. Within the boundaries of this country
we can go no higher.
"In the location of permanent housing for men,
two things are of nrimary importance. They are a
plentiful supply of good water and a means of dis-
posing of waste. These two come ahead of all other
appurtenances of our society and they are insepar-
able, for today's demands on water make re-use of
existing supplies mandatory. It is time that we
placed them in proper perspective. Fortunately
modern techno logy makes it possible, through
proper treatment, to return water to streams in
such condition that it can again be used for whatever
purpose necessity may dictate. The rost of this
treatment is not prohloitlve or too burdensome. The
modern, small and because of its stnallness relatively
expensive, Red Wing plant is being paid for and
operated at a per capita cost of about $12 per year.
The present Pigs Eye plant has been as low as $1.55,
about the price of a mediocre dinner or a couple of
highballs.
"Some people would have us believe that the
current outcry is entirely due to the deluge of oil
last spring but they delude only themselves. The
-------
397
L. V. Spriggle
"problem of pollution in the river south of the
"\;in Cities has been with us as long as I can
remember.
"The spillage last spring waa not the first
t^ plague this area. Years before the Red Wing
plant was put into operation, hundreds of ducks
were killed in a slick at the head of Lake Pepin
by oil that supposedly escaped from a local
installation.
"My first active entry into the fight was in
defense of a speaker for Clear Air and Water who
suggested that there should be lawa to regulate the
•-Usposal of waste. This was in February 1957.
''Two years ago Mr. Sorenson and I were present
at a well attended meeting held at Ellsworth,
Wisconsin. At that meeting a group of Wisconsin
sportsmen tried to get the fishing reciprocity agree-
ment between the states rescinded until steps were
taken to abate the pollution of the river. Though we
took no active part in the debate, we did not quite
agree that it should be done and the case for con-
tinued reciprocity was so well presented by Mr.
Lyscziensky of La Crosse that the attempt failed.
When I contacted Mr.Lysozlensky in our campaign to
-------
398
L. V. Spriggle
"enlist federal aid last spring, he apologized moat
profoundly for hia stand at that meeting.
"In Wisconsin, we had no recourse but to ask
for federal intervention in the problem and this
we did with the help of many people from Minnesota,
including the Twin Cities area. It seemed better
for the two states to work together In a common
cause than to waste time and energy squabbling with
each other.
"Prom various newspaper articles, it would
appear that there is some opposition to federal help
in this field as being an infringement on states
rights. This is to be expected; there are always
those for and those agin anything being done, but
those truly interested in cleaning up the mess will
welcome all available aid. If the waste were being
retained within the boundaries of Minnesota, there
would be no reason for federal involvement.
"In our search for information on the problem
we have found that industrial use of water is a two-
sided coin. Some industries like the refinery at
Pine Bend, according to my friends in Clear Air and
Water, are doing a fine job and, believe me, approval
of this group is the acid test. Others like the one
-------
399
L. V. Spriggle
"that lost the fuel ell last spring seem to care
very little. Some profess an Inability to clean
un whl3e others will not locate where water is in
short supply or contaminated.
"Another idea that we have continually run
into is that rivers are natural sewage disposal
un'ts and should be so used. This belief, apparently
held by many sanitary engineers, was one of the
reasons for the formation of the Committee. It is
in truth a time-honored concept for it was already
ancient when Daniel was reading the handwriting for
KJPg Balthazar. With the lack of knowledge and
"elatively atnall populations of those days it was
•ooeptable. This is not the case today. Present
industrial and population demands on water supplies
will no longer permit wanton wastage. The proper
application of modern techniques will prevent it.
Evidently one of our most pressing needs is to bring
thinking on the subject more in line with modern
"Another method, the green lagoon, was tried
rnd discarded by the Romans. According to a
recent Kappe article, it had best remain so.
"One other thing that led to the formation
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400
L. V. Spriggle
"of the Committee was the discovery that while the
proposed plant expansion at Plga Eye would help
somewhat on a temporary basis, in a few years the
situation would be as bad or worse than it is now.
This we could not tolerate.
"We appreciate the diligence shown in trying
to keep the river clean through the Twin Cities
proper and the high standards now being set for
smaller communities in the state. At the same time
we are puzzled by the mediocre treatment proposed for
the Pigs Eye plant and lack of concern for downstream
areas.
"In summing up it seems:
"1. That there is ample public support for
an effective clean-up of the river. That the cost
is not prohibitive.
"2. That the pollution problem is no isolated
act of God but the result of many years' mismanagement
by men.
"3. T iat industries unwilling or unable to leave
waters fit for others to use should be encouraged
to locate in areas where they can do no damage.
"4. That we must break the mental barrier
to progress by doing away with the Babylonian concept
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401
L. V. Spriggle
"of waste disposal.
"5. That all municipal sewage disposal plants
be required to maintain an undiluted effluent
quality at least equal to that of the Red Wing
installation with provisions for improvement as
Indicated by population trends and improved tech-
niques. We need safeguards to Insure the future.
''6. That while we know these things cannot be
accomplished overnight, we do want to be able to
look forward in the near future to a no longer
segregated up or downstream, only a river to be used
and enjoyed by all."
That concludes Mr. Spriggle's statement.
MR. STEIN: Thank you.
Are there any comments or questions?
(No response. )
MR. STEIN: Just for the record, does anyone
know where Pigs Eye is?
MR. MO DERMOTT: That is the treatment plant.
MR. WILSON: That is just below St. Paul. That
:s where the Twin City plant is located.
MR. STEIN: Thank you.
Mi'. Muegge?
MR. MUEGGE: Mayor George Madson of Hudson.
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402
MR. WISNIEWSKI: He may not be here.
MR. MUEOQE: He is not here.
Mayor Charles Betzel of Preacott?
MR. KRAUSS: He Mae here yesterday, but I don't
see him.
MR. MUEGQE: Mr. Berthel Nelson, Vice President
of Pepin?
(No response. )
MR. MUEOGE: Are there any other people from
Wisconsin who would like to be heard at this ti«e?
(No response.)
MR. MUEOQE: That would conclude Wisconsin's
presentation.
We would like to ask at this time whether we
have received the exhibits that we requested from Colonel
Harding yesterday?
MR. STEIN: I haven't received it.
MR. MC DERMOTT: The Colonel is out there.
MR. STEIN: Colonel, Mr. Muegge asked a question
about that letter we talked about yesterday.
COLONEL HARDINO: We don't have a copy of that
letter.
MR. STEIN: All right. We are going to continue
with Minnesota, and I would suggest that we take a five-
-------
minute stretch. Then we will reconvene again. Thank you.
(Whereupon a recess was had.)
MR. STEIN: May we reconvene?
Dr. Hargraves will begin the presentation for
Minnesota.
Dr. Hargraves.
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M. M. Margraves
STATEMENT OF DR. M. M. HARGRAVES, CHAIRMAN,
MINNESOTA WATER POLLUTION CONTROL COMMISSION
DR. HARGRAVES: I might say simply that we
worked quite a long time on this report, and it is an
Information affair, as is this conference, as it should be
understood.
I was under the impression that both States 1
would make such a statement, and I suppose I should apologize]
for Minnesota taking up perhaps the next forty-five minutes !
with my report of our State, in addition to people who will j
be called on to make statements, as Wisconsin has done.
I want to assure everyone that the Commission
welcomes the opportunity at a conference of this type to
present information to the public on the accomplishments,
present conditions, policiea, goals and objectives, and
proposed future action relating to water pollution control
in Minnesota.
There is nothing secret about it any more than
our Commission meetings are secret. They are open to the
public and to the press, and I an rather gratified to aee
that the press is becoming more and more interested and has
been attending our meetings in the last few months.
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405
M. M. Hargraves
The Department of Health and the Commission have
always worked very closely with the Department of Health,
Education, and Welfare, and especially the United States
Public Health Service.
At the outset, it should be made clear that no
one denies the existence of pollution in the stretch of
river Immediately below the Twin Cities or questions the
need of improvement. This fact has been recognized by the
Minneapolis-St. Paul Sanitary District in its present progran
of plant expansion and by South St. Paul in construction
recently undertaken to Improve the quality of the plant
effluent. These actions were taken at the urging of the
Commission, and we have had good cooperation with both those
groups.
There Is also no doubt that the national spot-
light of publicity was focused on this section of river as
a result of two disastrous oil spills that occurred on the
Minnesota River in the winter of 1962-63 at points approxi-
mately 14 and 115 miles above the Junction of the Minnesota
and Mississippi Rivers in the Twin City area. Both of the
oil spills were accidents, apparently resulting from sudden
drops in temperature. Accidents of this type have occurred
in various parts of the country. A great deal of damage
was done to wildlife, beaches, boats, and shorelines, but
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406
M. M Hargraves
mu"h greater damage could have resulted If the spills had i
I
occurred above a major water supply Intake. j
I might say as one Individual that I am not as ;
!
sure as others n-em to be sure that the damage from the i
petroleum products Is yet over. i
As soon as the spills became known to the staff
of the Section of Water Pollution Control of the Department
of Health, Investigations were made and conferences were j
1
j
held. Recommendations were offered to prevent further esoap^
i
of oil from the premises. These recommendations included ]
j
i
.immediate temporary diking or stoppage of drainage to the j
river, clean-up of the spill area, selection and supervision |
of disposal areas and the commencement of planning to prevent)
l
Eiucb occurrences at the same locations in the future. j
(
Follow-up investigations were made as necessary. j
The United States Public Health Service, which |
also investigated the effect of the spills on the river, <
Deported that the effects had substantially diminished by !
l
the fall of 1963 and will likely have entirely disappeared j
!
by next summer. The Public Health Service report made the j
i
following comment on the legal aspects of the case: ,
"At the time of these oil spills, though <
several state agencies were involved to some extent
i
in water and pollution problems, none had clear-cut
-------
407
M. N. Hargraves
"responsibility and legal authority to enforce
measures to Insure proper storage of non-waste
materials or to require salvage action and clean-
up If an accidental loss occurred. Action was
possible only If a public health emergency was
created."
Since there was no public health emergency, there
was no statutory authority for legal action by the State
Board of Health or the Water Pollution Control Cownission
under the circumstances of this case. Inquiry has revealed
the fact that few States have authority to require protec-
tive measures that would assist in the prevention of such
occurrences. The water pollution control law, Chapter 87^,
Laws of 1963 (known as the Rosenmeier Bill), authorizes the
Water Pollution Control Commission to issue orders or adopt
regulations to prohibit the storage of any liquid in a
manner which does not reasonably assure proper retention
against entry Into any waters of the State that would be
likely to pollute any waters of the State. The Commission
is preparing such regulations for adoption in the near
future.
I would digress here from the printed statement
and say that this has taken research. We have sent
questionnaires throughout the United States to all other
-------
M. M. Margraves >
j
States, to various Industries, and to various group*. There;
are no State* practically that have any regulations from a
standpoint of water pollution. I think everything la from
a standpoint of fire hazard in the fire marshal's office,
as is ours.
After we have gotten enough information in order
to make a proper engineering recommendation to people who
are going to store liquid, we have got to hold hearings
!
on this, and after the hearings have been held, it can then •
<
become an order. Then comes the job of policing this.
I will get to our staff and the requirements of '
our staff in these various activities later in our discussion,
nut 1 think you see it is not an uncomplicated problem. ;
!
Historically, in 1945, the Minnesota Legislature j
i
enacted Minnesota Statutes 115.01 to 115.09, hereinafter j
i
^
referred to as the Water Pollution Control Act. The Water
i
t
Pollution Control Commission, comprised of the statutory i
heads of four State departments and one appointed member
at large, was established by this Act. Those four State
departments were the head of the Department of Agriculture,
the Sanitary and Livestock Board, the Department of
Conservation and the Department of Health, their Executive
Secretary,and another member at that time who was appointed
at large. So, this made up a group of five individuals from
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1*09
M. M. Kargraves
19*»5 up until 1951.
Again to digress, I might say that things were
rather free and easy In those days. This was immediately
postwar. There was little opportunity to try to make up for
the ravages of the loss of manpower and materials that were
not available during the prewar and war years, and the
problem had gotten considerably out of control. However,
In 1951* two more appointees were put on the Board. I am
one of those. I represent the public at large. We have
one who represents municipalities, and we have one who
represents industries.
The Act was amended in 1951 to add two more
appointed members at large. The Act also required the State
Board of Health "to designate, with the approval of the
Water Pollution Control Commission, a qualified and
experienced sanitary engineer to act as the Commission's
executive engineer," — that is Mr. Lyle Smith — "and to
furnish such other services as the Commission might need in
its administration of the State Water Pollution Control Act."
The services are performed by the Water Pollution Control
Section of the Division of Environmental Sanitation, and
the Chief of the Section is designated as Executive Engineer
for the Commission.
Soon after its creation, the Water Pollution
-------
N. M. Hargraves j
Control Commission established a system of permits for i
i
Construction and operation of sewer systems, sewage treatment*
facilities, and facilities for disposal of wastes from
industry. In the period since 19^5* no permit has been
issued for construction of a new sewer system that did not i
include a treatment facility, or for a waste disposal
system for an Industry not providing treatment adequate to i
i
meet the needs of the receiving water as determined at the i
time of issuance. In addition, the Commission has withheld ;
permits for extension of sewers very often in many comiaunl- '
ties not having adequate treatment facilities or not fur- •
nishlng assurance of progress in providing such facilities. ,
This permit system has icept to a minimum the pollution j
i
Contributed by new sources and has been effective in bringing!
about construction of new facilities or improved facilities
i
to reduce pollution from existing sources. Concurrently j
i
i
a great many industrial plants have reduced their contribu- ]
i
tlons of pollution by Installing systems for recovery of j
i
material formerly wasted, by recirculatlon and reuse by
construction of facilities for treating the waste! or by
eliminating or controlling direct discharge of the wastes
to surface waters.
In spite of these measures for reducing and
ontrolllng pollution, the great growth of population and
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411
M. M. Hargraves
the expansion of industry in the period since World War II
have increased the potential for pollution -- and I might
add, tremendously — partially offsetting the gains and, in
some instances, resulting in more critical pollution condi-
tions. At the same time there is a greater need for water
for municipal and industrial uses and more people are using
the lakes and streams for recreation. It was the necessity
for preserving and improving the quality of the water
resources of Minnesota that brought about the enactment of
Chapter 8?4 to provide wore effective and aggressive control
of pollution. But let me point out this is only a ten-month-
old infant.
"Pollution," as defined in Minnesota Statutes,
Section 115.01, "means the contamination of any waters of
the state so as to create a nuisance or render such waters
unclean, or noxious, or impure so as to be actually or
potentially harmful or detrimental or injurious to public
health, safety or welfare, to domestic, commercial, industri-
al or recreational use, or to livestock, wild animals, birds,
fish, or other aquatic life."
Chapter 87^, Section 4, declares, "It is the policj
of the state to provide for the prevention, control, and
abatement of pollution of all waters of the state, so far
as feasible and practical, in furtherance of conservation
-------
M. M. Hargravee
of such waters and protection of the public health and In
furtherance of the development of the economic welfare of
the state. The Commission shall prepare a long-range plan
and program for the effectuation of said policy, and shall
make a report of progress thereon during each blennlum to
the legislature at the beginning of each regular session,
with recommendations for action in furtherance of such
program during the ensuing bienniuna. It is the purpose of j
this act to safeguard the waters of the state from pollution i
by: (a) preventing any new pollution; and (b) abating
pollution existing when this act becomes effective, under a
program consistent with the declaration of policy above
stated. "
The 1963 Act charges the Water Pollution Control
Commission with many new powers and duties supplementing thoele
contained in the older State Water Pollution Control Act,
one of which is the power to compel two or more municipali-
ties to enter into a contract, if necessary, to prevent,
ontrol, or abate pollution. The Commission contemplates
the use of these powers to the fullest extent of its
resources wherever it may be necessary to accomplish its
objectives.
Historically further, in 19^5, which is only
nineteen years ago, or less, when the Commission was created,
-------
413
M. N. Margrave*
of the 19 then existing major sewage discharges to the
Miasiasippl River and significant tributaries in the area
covered by this conference, only seven (Anoka, Savage,
Minneapolis-St. Paul Sanitary District, South St. Paul,
Bayport, Hastings State Hospital and Lake City) had treat-
ment plant facilities. Of these, Anoka and Savage have
since constructed new plants; South St. Paul, Bayport and
Hastings State Hospital have constructed alterations and
additions. I might add at this point, and will again stress
the fact, that our Commission has always felt that instead
of rushing into a problem, there were often times when It
was perfectly permissible to delay for an adequate study or
for a development of a new system.
With the Mlnneapolls-St. Paul Sanitary District,
they took five years and a half a million dollars in order
to make a study of this entire area, which you see on the
chart on the wall. The problems of this will be gone into
at a later time, but, as I think you can appreciate, with
the mushrooming of population in this particular area served
by this particular group, It has been a tremendous problem, i
which no one who does not deal with it has any concept of the
various steps that are necessary in order to provide sewage
treatment for this many people.
So that during this period of time this was
-------
M. M. Hargravea
delayed. This addition to the plant was delayed for a !
oeriod of five years for this five-year study, which cost a j
r
half a million dollars, I, for one, feel it was Justified !
Because, in the long run, I feel It will pay dividends. i
i
To return to «y paper, the NiniM polls -St. Paul
j
oanitary District has extensive alterations and additions i
under construction to provide a new secondary treatment ]
i
facility; and Lake City has made repairs to the existing !
plant and has had an engineering report prepared on new ;
treatment facilities. i
i
You can follow these communities along the course '
of the Mississippi and along the Minnesota, as I talk, and I
1 think you can see where the work has been done. ;
Of the remaining 12 which had sewer outlets j
without treatment in 19^5* Mankato, St. Peter, LeSueur, j
i
Belle Plaine, Chaska, Shakopee, Hastings, Stlllwater,
and Red Wing, have completed treatment facilities; North
Mankato, after much persuasion and bickering, has a contract ,'
with Mankato and connecting sewers are under construction;
i
Cannon Falls has received construction bids for a new plant; !
and the remaining one, Henderson, has employed a consulting >
<
engineer to prepare an engineering report on adequate i
facilities. i
When the Minneapolis-St. Paul Sanitary District ;
-------
M. M. Hargraves
was created in 1933> there was only one sewage treatment
plant of any kind on the main stem of the Mississippi River
f
Ln Minnesota, whereas now all municipalities with sewer
systems discharging directly to the main stem of the
Mississippi River have sewage treatment plants. When the
Twin City plant was completed in 1938 — those of you who
feel that your stages are laggard — it was the only plant
serving a metropolitan area anywhere on the main stem of the
Mississippi, the Missouri, or the Ohio Rivers. ;
j
The Minneapolis-St. Paul Sanitary District is j
I
presently embarked on an expansion program, costing some j
i
$23 million, to provide secondary treatment for sewage from i
i
i
Minneapolis, St. Paul, and contracting suburbs. This projeeti
Is expected to be completed in 1966. South St. Paul, which j
t
ia the second largest meat packing center in the United !
States, and which has operated a secondary treatment plant |
I
serving the city and industry since 19^0, has Just placed in j
operation an extension of its facilities to reduce further j
i
the pollution contribution from this source by approximately j
i
one-half. Newport, St. Paul Park, parts of Inver Grove j
i
j
Township, and parts of Cottage Grove Township, all of which j
are in the metropolitan area below the Twin City plant, have I
new sewer systems and secondary plants in operation or under j
|
construction.
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M. M. Hargraves
I
One might look back again historically and :
say that the first group of these were old communities arid ;
r
established in their ways, whereas these we Just mentioned
are new and grow:! rig ones with whom we have had rapport with
developers, and who have cooperated with us 3n putting in
and planning for their sewage disposal before they went all
out in a development. ;
i
t
i
This should be brought to the attention of every j
group who is Interested in water pollution and who might,
by the way, have some money invested 5n various developmental;
schemes. The latter are all communities which had no pre-
existing sanitary sewer systems. This is in accordance with •
the nolicy of the Commission to require construction of
treatment facilities concurrently with construction of new :,
i
sewer systems. j
In other words, when a community puts in its ;
sewer lines in the city, it does not get our permission to
do so until it has agreement and plans for putting in J
I
treatment facilities concurrently. ,
i
When the Minneapolis-St. Paul Sanitary District j
j
was created in 1933, Minneapolis and St. Paul were already j
furnishing sewer outlets for several of their suburbs j
i
i
which were nut adjacent to the river. j
!
Again, a look at the map will gjve you some idea !
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M. M. Hargravee
of the problems of these communities.
At the present time, the Twin Cities have con-
tracts with **3 suburbs and separate agencies. The vast
majority of them again, I might add, t;rew up during the war
years and the population and industrial expansion. The
sewage treatment plant, which was designed to serve an
ultimate population of Q10,000, reached its volume capacity
in 1953* largely because of service having been extended to
additional rapidly growing suburbs.
In anticipation of the possibility of having to
serve a much larger population and to provide a higher
degree of treatment, the Mlnneapolis-St. Paul Sanitary
District, with urging from the Minnesota Water Pollution
Control Commission, in 1956 initiated a five-year study I
have mentioned of sewerage needs for the metropolitan area.
This study, completed in 1961 at a cost of approximately a
half a million dollars, developed several proposals -- there
were alternates there -- of which the most economical for
the area was a single metropolitan system to serve a future
population of over 3 million in a 900 square mile area. j
|
You don't do these things overnight.
The Commission supported the concept of the
creation of a metropolitan sanitary district or other
administrative agency for the entire area. In 1961 the
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418
M. M. Margraves
Legislature considered, but did not enact, legislation along
these lines. Following extenaivc interim study the 1963
Legislature enacted Chapter 8?^ and Chapter 88? (known as
the Ashbach Bill).
Chapter 882 requires the Minneapolis-St. Paul !
Sanitary District to develop a comprehensive plan, in
•ollaboration with, the Cities of Minneapolis and St. Paul, j
i
for sewage disposal for the area likely to be served by the i
sanitary district systetn. This law also requires, No. 2.,
the Commission to hold a publJe hearing on the proposed
comprehensive plan, including the cities' proposed finance
plans, and to issue a written report approving or rejecting
the proposed comprehensive plan or recommending modifications
thereof. Preparation of this plan has been underway since
July 196.3.
I might add that this group meets regularly with
representatives from throughout this area, and they discuss
this problem and are working on such plans.
The objectives of the Commission are to continue
toward the goal of eliminating existing pollution and j
preventing the development of new sources for the protection <
of legitimate uses of the waters of the State.
The pursuit of these objectives must be organized
in specific taska dealing with the various problems. Fbr
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419 !
I
M. M, Hargravei !
i
i
those who may think this is a simple thing to do, we have i
arranged a summary of tasks demanding action, and these are i
as follows:
( 1 ) New Sewage Treatment Plants in Sewered
Muni c i pa 1 it lea . Secure construction of new sewage ;
treatment plants in ^1 sewered municipalities now
without treatment.
These , as you will see later in the graph, are :
very small communities. Many of them are hard-hit. Con- •
sequently, all progress will depend on financial problems ]
i
and other- conditions in the various municipalities concerned.;
(D ) i^PajliLf 01? and Impro vercent of Inadequa t e_
Existing Sewage Treatment Plants . Secure expansion
and improvement of inadequate existing sewage treat-
ment plants serving 97 seweretj municipalities.
Again progress will depend on appropriations
by the Legislature for the cost of necessary inspec-
tions and surveys by the Commission's staff and on
financial problems and other conditions in the
various municipalities concerned.
I think it should be understood at this point,
and this is in addition to the read report and is not off
the record, we have a professional staff of one Class 4
engineer -- this means the number — two Class 3 engineers,
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420
M. M. Margraves
we have two Class 2 engineers, and we have three Class 1
engineers, and two engineering aides.
There has to be a change of concept, so far as
I am concerned, as a professional man, to appreciate the
fact that these people are professional people and provide
professional service.
Each problem for them has to be an individual
.-•onsideration. One has to work with communities, with
engineering firms, with the city engineers, with the mayor,
with representatives of bhe Council, and with other groups,
and give them the same kind cf professional advice and help
and guidance as I, as a physician, have to give patients.
This is seldom thought of. It is usually con-
sidered that mass performance or mass production can be
expected, and that all cr«--- has to do is issue an order.
In addition to this very small staff which we
have, which also has to approve and go over every set of
plans and specifications that is drawn up for a sewer or a
sewage disposal system In the State, and have tc be passed
by them in addition to these other professional services,
we have a budget which roughly is about $100,030 a year,
and the Federal people are going to spend a quarter of a
million or $300,000. In the next two years, they will be
spending more than our entire budget per year for the
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M. M. Margraves
services which we do render.
When you talk to your legislator or when you
vote for your legislator, I think you can keep some of these
things in mind, because our progress is going to depend
upon being able to make necessary inspections and surveys, 1
and also It is dependent upon the finances of these partlcu-j
i
lar communities, as well as our own finances. !
i
Future inadequacies will be dealt with as they
arise, and I am sure you can appreciate with the growing
population it always arises.
(3) S e wa.gjs PI s po sa 1 f o r Unse;we i • ed Mu nip i pa 111 i e 3.
Make surveys in 410 unsewered municipalities and other
residential communities and take action to secure
construction of sewage Disposal systems, with ade-
quate treatment facilities, wherever necessary to
prevent or control pollution of either surface or
underground waters or to avert other health hazards
or nuisance conditions.
This task will not be finished — this task
will continue indefinitely as residential develop-
ment proceeds. Progress will depend on appropria-
tions by the Legislature for the cost of surveys
by the Commission'a staff and on financial problems
and other conditions In the municipalities and other
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422
M. M. Hargrav*s
localities concerned.
(4) New Industrial Waste Treatment Facilities.
We will have to secure installation of new waste
treatment facilities in all Industrial plants having
separate outlets without such treatment, numbering
over 450 and comprising nearly one-half of the total
number of such plants in the State, namely, around 900.
This task will continue indefinitely as
industrial development proceeds. Progress will depend
on appropriations by the Legislature for the cost of
surveys by the Commission's staff and on financial
and technical problems of the industries concerned.
Expansion and Improvement of Inadequate
Existing I ndusjtr ia 1 Wa s t e Tr ea t me n t Fa c i 1 i t ie s. We j
i
will have to secure expansion and improvement of !
existing waste treatment facilities at all industrial |
i
plants where such facilities are inadequate, comprising J
a large percentage of the old plants in the State, for
which exact figures are not available because of in-
sufficient means for making the necessary inspections
by the Commission's staff.
This task will continue indefinitely as industrial
development proceeds. Progress will depend on appro-
priations by the Legislature for the cost of surveys
-------
423
M. M. Hargraves
and Inspections by the Commission ataff and on
financial and technical problems of the industries
concerned.
This latter statement, of course, is a tremendous
sleeper, as any of you know who are in the profession, who
are in industry, in medicine, or who are intimately
connected with anything that deals with chemistry, or if
you are cognizant of the tremendous growth of new and exotic
chemicals that are flooding us at the present time.
How our staff is going to be able to keep pace
with industry and its development, of course, is again a
problem. Without additional appropriations and adding
chemists and engineers who have been trained, and instead
of industry robbing us of engineers, perhaps we will have
to turn the tables if we can get a little money.
(6) Twin City Metropolitan Area Sewage Disposal
Problems. Require the making of adequate provisions
for future increased sewage flow expected from the
Twin City Metropolitan Area before treatment facilities
become overloaded and critical conditions develop. In
other words, this is going to be a continuing problem.
This task will continue indefinitely as popula-
tion increases. Progress depends on action by the
Cities of Minneapolis and St. Paul and the present
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M. N. Hargraves
Minneapolls-St. Paul Sanitary District on comprehensive
plans in progress under Chapter 882, Laws of 1963,
on subsequent action thereon by State and local
authorities under the Rosenmeier Act, on the enactment
of new measures by the Legislature to deal with
problems for which the provisions of the Rosenoeier
Act may prove Inadequate, and on financial problems
and other conditions in the affected area.
(7) Minor Sources of Pollution In the Metro-
politan Area. Secure abatement or control of minor
sources of sewage and industrial waste in the Twin
Cities Area and surrounding territory not taken into
the present disposal system.
Plans and projects are now in progress for
accomplishment of this task.
Again, may I say off the written report, that
this takes into account the individual's and private people's
consciousness of these matters of sewage disposal and of
private responsibility. Many of these minor sources could
be taken care of if the individual had a social conscience,
and he felt sewage had anything to do with his social
conscience.
(8) Storage of Oil and Other Liquids or
Substances. Regulate the storage of oil and other
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425
M. M. Hargravea
liquids or substances under the applicable provisions
of Chapter 8/4, Laws of 1963, to Insure Installa-
tion and maintenance of adequate safeguards against
pollution of surface or underground waters.
Of course, underground waters, If you begin to
think of all of your local gas stations and other things,
as well as the numerous private sewage disposal plants and
privies scattered over the State, you can see that the
problems loom large.
The Commission is in process of adopting regula-
tions on this problem.
I have gone into that point and some of the
difficulties Involved, and a hearing will be held before long
in order to get this job completed. i
i
j
(9) Oil Spillage on Navigable Waters. Regulate j
transportation and handling of oil and other liquids ;
and substances on navigable waters so as to protect ]
the waters against pollution from spillage.
This task will continue indefinitely.
Just how much we, as a State organization, can
do, I do not know, and I don't think any of us from the
laat day's ttstimony can be too sure of this. Progresa will
depend on appropriations by the Legislature for the cost of
necessary inapection and enforcement services by the
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M., M. Hargravta
Commission's staff or other ag«ncl»i aa authorized.
This brings in, as we tried to bring out at the
Wabasha meeting, and we have tried to bring out at other
places, that private individuals can Instigate litigation
against these polluters, that the local sheriffs can be
used, as can the local district attorney. If you can get
them to move in these cases you should have no great problem.
They didn't move with the last, the great oil spillage.
("°) New ChemicaIs, Provide for the control
of new chemicals usad by industry or the publir so
as to prevent creation or aggravation of water pollu-
tion problems therefrom.
This task will continue indefinitely, and this
is where the Federal Government may certainly lend a great
hand, on financial and techn- .?
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M. M. Hargravea
which they In turn need.
(ll) Chetnlea 1 Sprays._ Provide for the
control of chemical sprays so as to prevent creation
or aggravation of water pollution problems therefrom.
How we are to control chemical sprays so as to
prevent the creation or aggravation of water pollution from
these things ;s quite a mystery to me as yet.
As we have pointed out, this task will continue
indefinitely. Progress will depend on appropriations
by the Legislature for the cost of surveys end
research by the Commission's staff and other agencies,
on action by Federal authorities, on financial and
technical problems encountered, and on other unfore-
seeable conditions.
It Is also going to deoend, of course, on new
formulations as well as new pesticide sprays coming out.
It is going to be a continual and unforeseeable condition
In the future.
(12) Radioactive Wastes. We discussed that
yesterday. Keep watch over atomic power plants and
other establishments using radioactive materials to
assure adequate safeguards against pollution of
waters from their wastes.
This task will continue indeflnjtely. Progress
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M. M. Hargraves
will depend on appropriations by the Legislature
for the cost of surveys and research by the Com-
f
mission's staff, on action by Federal authorities,
on financial and technical problems encountered,
and on other unforeseeable conditions.
(13) Recreational Pollution of Lakes and
Streams. We must provide for protection of lakes
and streams against pollution Incident to boating and
other recreational use, through regulation of marine
toilets and other measures.
Here again, as a sportsman and as one who has
been interested in the out-of-doors and represents the
public on this Commission, I would throw in at this very
moment ice fishing.
When one gets a concentrated village of, say,
10,000 souls on the surface of one lake in the State of
Minnesota or Wisconsin, what goes on in the dark, in these
Ice houses, and what happens in the way of sanitation
control of a population of a city of 10,000 on a lake from
a standpoint of pollution of these waters, is something that
has to be considered.
I know that the Minnesota Conservation Department
once attempted to make a survey, and has attempted to
prevent pollution and rubbish on the lake and other sources
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M. M. Hargraves
of pollution, but this Is again a never-ending job, and th?^ i
i
i
again goes back to private Initiative and to one's '
f
etiological and social conscience.
The matter of the marine toilets I passed on ;
yesterday, and our legislature passed such an Act in the last;
session without realizing that there are no adequate facili- ]
ties that can be installed on boats at that time that we had ;
i
I
tested, and several that we tested blew up during the ;
testing, and others we question whether they are satisfactory
4
to provide what we want for the cost of installation. •
I brought up the point yesterday of an incinerator:
type, using LP gas, which again has its hazards.
So that on this matter of marine toilets and '
f
-ther sources of pollution in boating and recreation, we will-
have to deal with them not just ourselves, but as industry J
"ind others make available methods and appliances that can be ,
used. :
If Wisconsin can get away with simply locking J
up the toilets on all of their pleasure boats on the river, .
i
this may be something we will have to consider; but working ;
with a group of doctors, many of whom own such boats, I
think I will have to change my place of occupation if this :
i
Is done. j
I think you can appreciate that this matter of :
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M. M, Hargraves
recreational pollution of lakes and streams is a continuing
-Toolem. Again, our progress will depend on appropriations
f
by the legislature for the cost of testing treatment
Devices by the Commission's staff, on the efficacy of
enforcement by the Commissioner of Conservation and local
authorities, and on other unpredictable conditions.
Again, I would like to add, namely in the
Conservation Department, in the days that 1 was greatly
interested In working with them and, I hope, helping them
oy Criticism, as well as visiting many, many sportsmen's
organizations and farm groups and others talking on the
problem, the Conservation Department has always been plagued
by what I call brush fire activities.
Chester Wllaon will understand thia well, since
he was plagued by brush fire activities during most of his
period in the legislature, or most of his time as Commis-
sioner.
This we are going to find more and more with our
pollution problems, and the more that our small staff has
to go out and investigate a fish kill, or has to go out and
investigate an oil slick, or has to go out and investigate
something else, the less time this staff will have for
administrative work, for carrying out surveys, for doing
problems of research, and for any long-range planning as an
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431
M. M. Margraves
activity.
To me, I think conservation and pollution and
f
other groups are subject to being hamstrung more by this
type of brush fire activity than any other handicap or
impediment thrown in the way of our progress. -1
i
Complaints and knowledge about these sources !
of pollution should be known, but many groups are not satis- i
I
fied until somebody comes aown and actually looks at it, ;
i
and this pulls a man away perhaps from a half a day's or a •
i
•Jay's work in going over engineering plans, or other things. "
I only ask for your cooperation, if you under- i
stand the problem, not that we don't think your problem is ;
of Importance. "
(14) Surveys of Surface Waters. Make ;
4
continuous systematic surveys of all streams, lakes, j
f
i
and other surface waters into which sewage or ;
industrial waste is or may be discharged to determine j
present and prospective conditions relating to pollu- (
i
tion and to obtain information needed as a basis for
classification of waters and establishment of j
<
standards, for prescribing sewage and waste treat- j
i
ment requirements, for checking on the efficacy of !
sewage and waste treatment facilities, and for i
determination of progress in pollution abatement ;
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M. M. Hargraves
or control.
This task will continue indefinitely. Progress
f
will depend on appropriations by the Legislature for
cost of the work.
If the importance of that sentence sinks ,'n, I
am aure you can see again the need for a continuing use of
.staff and money In order to carry out such activities.
TMs, of course, should be paramount actually aa a con-
tinuing activity of the Commission and the Commission's
staff. But again it will depend upon the Legislature and
appropriations for the cost of such work.
(15) Survey of Underground Waters. We must
make a state-wide survey of underground waters to
determine the nature, location, and extent of
present and prospective pollution from all sources
as a basis for instituting measures to deal there-
with, and thereafter conduct continuous surveys of
those waters for the same purposes as above described
for surface waters.
There is urgent need for an immediate survey
because of the recent extension of the Commission's
authority to underground waters by Chapter 87^.
Further surveys will be needed from time to time.
Progress will depend on appropriations by the
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433
M. M. Hargraves
Legislature for cost of the work.
(16} Inspection of Sewage and Waste Treatment
*
Facilities ia something that very often is completely
forgotten after people have been satisfied that a
olant has been put in. Conduct continuous inspection
of all sewage and waste treatment and disposal facili-
ties to determine the efficacy and adequacy thereof
as a basis for correcting faulty operation and
requiring improvement or expansion of facilities
when necessary to handle increased sewage or
industrial waste loads and meet the standards or
conditions prescribed for adequate treatment.
This matter of operation of a plant is of great
i'npLjr'r.rinoe, and when someone from the staff does have
*-he opportunity to go out and visit a community, let's say,
;•;£**: a r a snow storm, which occurred seven days ago, and you j
i
,o out wj.tb the handyman who is the operator, and there •
h-aven't been any snow tracks or tracks in the snow since the J
1
Siicw fell going out to the plant, or when you can drive j
iIorifA over a known course going through a town and you see i
!
r.!-e same sludge bed with the same rock in the middle of it j
week after week, you can be suspicious that the community !
has put in a s«wage treatment plant, but with no one to ;
i
carry out policing powers or inspections. Tneae plants •
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M. M. ^Tp^^rr/'cs
might just as well not have been put in. j
i
This task will continue indefinitely. Progress |
f
will depend on appropriations by the Legislature for ;
cost of the work.
(17} Qualifications and Schools for Sewage :
!
Treatment .Plant_ Operators^ Provide for a more effective:
i
certification program for sewage treatment plant ;
I
operators and conduct more extensive short-course
schools for their training. :
This task will continue indefinitely. Progress ;
wi31 deoend on appropriations by the Legislature to
provide for the cost of the work. ;
(1C.) Resr:vr-oh. j
i
Now we come to research, which, as a professional i
i
\
man, interests me a great deal, and is one reason J am i
:±er>e3t;ed in being on the Commission. ,
i
Conduct system=»t1c research on sewage :
i
i
and waste treatment methods and facilities, on new j
c-hemlcala and other pollutants, and means of dealing
therewith, and on other pollution problems, in
furtherance of the development and adoption of the
most effective means for prevention, abatement, and
control cf all types of water pollution.
I tiilnk we need a tremendous amount of work on
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435
M. M. Hargraves |
i
fertility of our waters, and th« type of fertility elements I
which are going on, on trace minerals, of which we know very j
I
little, which are being added to water and may be well
added to water supplies; axri exotic chemicals, which I have •
i
mentioned. i
We need more knowledge about thermal or heat '
pollution of our waters, because anyone who has taken :
elementary chemistry knows the various chemical reactions
which may take place in our rivers or streams. I think, <
just as in a test tube, the reaction time is cut in half i
when we raise the temperature 10 degrees. :
There are many other things that ought to be gone ;
into, and seriously, and we have gone Into them in spite of ;
adverse criticism, some of these being sewage stabilization j
ponds and the use of pond treatments. I
\
It is not settled to my satisfaction at the ;
present time at all sanitary engineering facilities are |
necessarily the one and the best. Other looks at new methods
i
i
i
have to be considered.
The Norwegians, who are plagued with sewage now
beginning to accumulate in their fiords, which are beauty
spots, fortunately, for their method, can produce electricity
in that particular area. They are now using electrolysis
and are able to get rid of a lot of the fertility elements.
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436
M. M. Hargraves
Perhaps we can go to this.
Mayor Jelatis and I were discussing this, and he
will be speaking in a few minutes. We were kicking around
th idea that perhaps some day nuclear power, which Is a
matter of essentially Instantaneous combustion and evapora-
tion, might well come into the picture before too long.
In my humble opinion this would be a lot more important than
hitting the moon.
So, this matter of research, I think, is of
great Importance. Not only that, but other people are
doing research, and on our staff we should have someone to
oover the literature, so that it can be part of his research
activity. Our engineers ought to have a period of time off,
as industrial engineers do In Industry, where it has been
shown to pay off In dividends, for periods of thought and
reading and reflection on the problems that we have. The
literature on industrial research, on Federal research, on
university research, and on local research, is of great
importance to the Minnesota pollution problems in the future
in tying these things together.
We now go to No. 19, Classification and Standards.
It is our job to classify and establish standards for waters,
•specially where necessary for enforcement purposes.
This came about whera the first court case we
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437
M. M. Hargravea
tried was essentially thrown out because we didn't have
standards for thia particular creek.
i
This task will continue indefinitely. Progress
will depend on need for action for pollution control
i
in the affected waters, and on appropriations by the i
Legislature for the cost of the work. :
These programs will be carried forward as rapidly1
i
and vigorously as possible, consistent with personnel and i
funds made available. i
A few thoughts abo;t the Commission's resolutions?
j
and policies: Certain resolutions and policy statements
relating to the area with which we ere concerned have been
adopted by the Commission and are of importance to this
conference. These are as follows: ;
Joint Resolution - Minnesota Water Pollution ]
]
Control Commission and Wisconsin Committee on Water Pollution^,
Mississippi River - August 11, 1953. Each agency agrees to •
require the correction of existing and prevention of addi- j
tional pollution within the boundaries of its State to the j
end that the Mississippi River as an interstate stream may j
be maintained or rendered suitable for all normal legitimate
uses as defined and that in the attaining of these objectives
the guiding policy shall be the requirement that facilities
for treatment of sewage and for industrial wastes shall
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438
M. M. Hargravea
provide at least effective sedimentation or equivalent,
substantially complete removal of floating solids or liquids,
and reduction of toxic materials to lees than lethal limits
for aquatic life, with the understanding that additional or
special type treatment be required in these areas where water]
uses so dictate. '
i
Policy statement on the Minnesota River was j
i
essentially the same on January 11, 1950. The following
orogram of sewage works planning and construction was adopted;
j
as a general policy of the Commission, to be applied to those!
municipalities on the Minnesota River from above Kankato
to its junction with the Mississippi River.
Remember, this was in 1950, and when we just were
actually coming into the problem as a commission.
This provided:
1. Provision should be made for at least
primary or tank treatment and chlorinatlon for the
municipal sewage and equivalent treatment for
industrial wastes.
2. Installation of secondary or further
treatment facilities should be made as rapidly as
possible thereafter In order to meet local require-
ments for the abatement of sewage pollution.
Then this past summer, In 1963> we made a policy
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439
i
M. M. Hargraves !
statement on the Minnesota River, dated July 25, 1963. j
i
Pending the classification and adoption of standards for the
i
lower section of the Minnesota River, Jt is the present
attitude of the Commission, though not adopted as a binding ,
i
commitment, that it will not issue permits for permanent
treatment facilities with discharge to the river below the
City of Shakopee.
Our policy philosophy, of course, is changing, '
and I think it also has been adequately suggested to people •
i
along the river that we are going to go after secondary ;
treatment in essentially every new installation and every
old installation that is improved. ;
On the St. Croix River, the following statement :
I
was adopted on April 18, 1^67 : T.^e following was adopted i
as a general policy of the Commission to be applied to !
i
municipalities on the St. Croix River:
1. Provision should be made for both :
primary and secondary treatment, with chlorination,
i
for all new sanitary sewage discharges. Equivalent i
i
treatment should be provided for industrial wastes. j
2. Where a lesser degree of treatment is I
now provided additional treatment facilities should I
I
be constructed as rapidly as feasible. j
In 1963, and I think this was one of the first
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MO
M. M. Margraves
testa of strength, the Commission adopted Classifications
and Standards for the Mississippi River and tributaries
(with exception of the Minnesota River)(which we plan to do
this year) from the Rum River to Lock and Dam No. 2 near
Hastings, These Classifications and Standards are subject to
modifications as provided by law as future conditions may
require in furtherance of maximum pollution control.
The classification of the river from the Rum
River to the Upper Lock and Dam of St. Anthony Palls is
suoh that the water quality will be acceptable as a source
of public water supply (Group IV waters, as defined in
Public Health Bulletin No. 296, Manual of Recommended Water
Sanitation Practice, 19^6 \ for industrial processes and cool-
ing, navigation, pleasure boating, fishing, and other recre-
ational uses. No raw sewage, Including discharges from
watercraft, nor any treated sewage or industrial wastes
containing pathogenic organisms or other substances which
may cause disease or materials that may cause nuisance con-
ditions, may be discharged to the river in this reach.
The reach of the river from the Upper Lock and
Dam of St. Anthony Palls to the outfall of the Minneapolis-
St. Paul Sanitary District sewage treatment plant is classi-
fied so that the water quality will be acceptable for
pleasure boating, fishing, and other recreational uses that
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N. M. Hargravts
do not require frequent or prolonged contact with the water,
and for navigation, general Industrial purposes, and other
beneficial uses which do not conflict with recreational
uses. No major quantities of sewage, treated or untreated,
may be discharged in this reach. Limited quantities of
sewage, and industrial waste which may contain disease-
•ausing organisms, can be discharged provided they are given
effective disinfection during the summer months, and provided
they do not cause nuisance conditions.
Prom the outfall of the Minneapolis-St. Paul
Sanitary District sewage treatment plant to Lock and Dam
No. 2 near Hastings the river is classified so that the water
quality will be maintained for general industrial processes,
and cooling, stock and wildlife watering, irrigation, fish
survival, esthetic enjoyment of river scenery, and passage
of commercial and pleasure watercraft. No major quantities
|
of untreated sewage or Industrial waste may be discharged !
i
to the river in this stretch, and all effluents that contain i
i
disease-causing organisms must be given effective disinfec-
tion during the summer months. The discharge of wastes in
such manner or quantity as to cause nuisance conditions is
prohibited.
All of these actions pertain to improving existing
conditions. The standard! adopted by the Cowniselon for
-------
M. M. Hargraves
the stretch of the Mississippi River below the Twin Cities
will Maintain the river in a considerably better and cleaner
condition than would have resulted under previous objectives.
The Commission is confident that with compliance
with the present standards the interstate section of the
Mississippi River between Minnesota and Wisconsin will be
satisfactory for most recreational uses and for all recrea-
tional uses which can reasonably be expected below a
metropolitan center and industrial complex of the magnitude
of that in the Twin City Metropolitan Area.
The Commission feels that certain basic problems
require further study. These range from th« evaluation of
the effect of certain discharges to a projection of
future discharges upon the water resources of this area.
The Commission welcomes the opportunity to join
with the United States Public Health Service in their j
i
announced study of river conditions in this area and J
t
suggests that the Wisconsin Committee on Water Pollution be j
!
.invited to participate. It la the ultimate objective of the i
j
Commission to classify the interstate reach of the Mississippi
River and to adopt standards which will be satisfactory to j
i
Federal and State authorities as well as other interests. |
We have attached a list of exhibits which are j
i
presented for background information. I was going to show j
-------
M. M. Hargravea
a number of slides showing the growth of this area, but
as to time, I have more than taken our part for Minnesota,
I believe.
However, if you will refer to this decade of
progress in water pollution and study these graphs, which
I would have ahown on the screen ~«end any of you who are
interested can get one, which is not our exhibit, showing
these various charts of numbers, populations, cities, and
so on, which is available if it is requested — I am sure
that you can study these graphs Just as well or better in
the seclusion of your study than with my trying to show
them on the screen.
So then, Mr. Stein, with my apologies for the
fact that we did have to take an hour In order to paint a
picture of Minnesota and its problems, I will turn it back
to you.
I have turned our exhibits over to the reporter.
MR. STEIN: Do you wish then attached to the
record as exhibits, or do you wish them Incorporated as
part of the record?
DR. HARORAVES: I have arranged to confer with
the reporter during the recess and I will instruct him as
to those exhibits which I want incorporated in full, and
those which nay be attached as exhibits to the record of
the conference.
-------
p»if|
t*!4i|0dpfuiiM u* ueuo|i>dod l»toj. JO %
-------
NUMBER OF MUNICIPAL SEWA«E TREATMENT PLANTS
O M •*> « O>
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-------
449
(The following exhibits are inserted herein
at the request of the Minnesota Water
Pollution Control Commission: ;
9
EXHIBIT I :
STATE WATER POLLUTION CONTROL ACT
(as Amended by Chapter 517*
Laws of 1951 and Chapter "
399, Laws of 1959) ;
n
*Section 115.01. Definitions. Subdivision 1. ;
The following words and phrases when used in sections 144.371 ,
to 344.379* unless the context clearly indicates otherwise, j
i
shall have the meanings ascribed to them in this section, ;
Subd. 2. "Sewage" means the water-carried waste j
t
^
products from residences, public buildings, institutions or
•
other buildings, including the excrementitious or other !
discharge from the bodies of human beings or animals, to- }
!
gether with such ground water infiltration and surface water j
i
as may be present. j
i
i
Subd. 3. "Industrial waste" means any liquid, i
j
t
gaseous or solid waste substance resulting from any process j
i
of industry, t>. .mfacturlng trade or business or from the j
i
c'eveli pmert c" any natural resource.
-------
450
Subd. k. "Other wastes" mean garbage, municipal
refuse, decayed wood, sawdust, shavings, bark, lime, sand,
ashes, offal, oil, tar, chemicals, and all other substances
*
not sewage or industrial waste which may pollute or tend
to pollute the waters of the state.
Subd. 5. "Pollution" means the contamination
of any waters of the state so as to create a nuisance or
render such waters unclean, or noxious, or impure so as to
be actually or potentially harmful or detrimental or
injurious to public health, safety or welfare, to domestic,
Commercial, industrial or recreational use, or to livestock,
w:id animals, birds, fish, or other aquatic life.
Subd. 6. "Sewer system" means pipe lines or
conduits, pumping stations, and force mains, and all other
constructions, devices, and appliances appurtenant thereto,
used for conducting sewage or industrial waste or other
wastes to a point of ultimate disposal.
Subd. 7. "Treatment works" means any plant,
upoaal field, lagoon, dam, pumping station, constructed
n'rainage ditch or surface water intercepting ditch, in-
cinerator, area devoted to sanitary land fills, or other
works not specifically mentioned herein, Installed for the
purpose of treating, stabilizing or disposing of sewage,
industrial waste, or otherwise.
Sued, H. "Disposal system" means a system for
-------
451
disposing of sewage, Industrial waste and other wastes,
and includes sewer systems and treatment works,
Subd. 9. "Waters of the state" means all streams
and lakes, including all rivers and la*kes bordering on the
state, marshes, watercourses, state, county, town or
Judicial drainage systems and other bodies of water,
natural or artificial, public or private, of such character
that the pollution thereof may create a nuisance or be
either actually or potentially harmful or detrimental to the
public health, safety or welfare, or to domestic, commercial,
industrial or recreational use, or to livestock, wild
animals, birds, fish, or other aquatic life. (Revised)
Subd. 10 "Person" means any municipality, govern-
mental subdivision, public or private corporation, indi-
vidual, partnership, or other entity. (Revised)
Section 115.OB. Water Pollution Control. Sub-
division 1. Commission created; members, compensation.
There Is hereby created a water pollution control commission,
hereinafter referred to as the commission, which shall
consist of the secretary and executive officer of the state
board of health, the commissioner of conservation, the com-
missioner of agriculture, the secretary and executive officer
of the state livestock sanitary board, and three members
at large who shall be appointed by the governor, by and
with the advice and consent of the senate. The terms of
-------
452
the first m«»ber
-------
453
with the work of the commission. The other members of the
commission shall receive no additional compensation for
their services aa members of the commission, but shall
receive *;i eir necessary and actual traveling and subsistence
expenses while engaged in the business of the commission,
which shall be paid from the appropriations to their
several departments.
Subd. 2. Meetings; officers. The commission
shall hold quarterly regular meetings each calendar year
at a time and place to be fixed by the commission. It shall
select r*fc its first meeting following the passage and
approval of Laws 19^5, Chapter 395, two of its members to
oerve as chairman and vice-chairman, respectively, and at
the f-'rs1; regular meeting in each calendar year thereafter
HI? ich shall be held in January, it shall select two of its
members to serve for the ensuing year as chairman and
vice-chairman, respectively. The secretary and executive
offJeer of the state board of health shall serve as
secretary of the commission and shall have custody of its
files and records except such as are required to be filed
with the secretary of state or otherwise. Special meetings
I
of the commission may be called by the chairman or by any j
two other members upon at least two days' written notice
mailed to each other member of the commission or delivered
at the:r respective offices. A majority of members of the
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4*4
commission shall constitute a quorum.
Section 115.03. Powers and Duties. Subdivision
1. The commission is hereby given and charged with the
following powers and duties;
To administer and enforce all laws relating to
the pollution of any of the waters of the state;
To investigate the extent, character, and
effect of the pollution of the waters of this state and to
gather data and information necessary or desirable in the
administration or enforcement of pollution laws, and to make
such classification of the waters of the state as it may
deem advisable;
To establish and alter such reasonable pollution
standards for any waters of the state in relation to the
public use to which they are or may be put as it shall deem
necessary for the purposes of sections 144.371 to 144.379;
To make and alter reasonable orders requiring
the discontinuance of the discharge of sewage, industrial
waste or other wastes into any waters of the state resulting
in pollution in excess of the applicable pollution standard
established under this subdivision;
To require to be submitted and to approve plans
for disposal systems or any part thereof and to inspect
the construction thereof for compliance with the approved
plans thereof;
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455
To Issue, continue In effect or deny permits,
under suoh conditions as it may prescribe for the prevention
of pollution, for the discharge of sewage, Industrial
waste or other wastes, or for the Installation or operation
of disposal systems or parts thereof;
To revoke or modify any permit issued under
sections 144.371 to 144.379 whenever it is necessary, In
the opinion of the commission, to prevent or abate pollu-
tion of any waters of the state;
To prescribe and alter rules and regulations,
not Inconsistent with law, for the conduct of the commission
and other matters within the scope of the powers granted
to and imposed upon it by sections 144.371 to 144.379* pro-
vided that every rule or regulation affecting any other
department or agency of the state, or any person other
than a member or employee of the commission shall be filed
with the secretary of state; and
To conduct such investigations and hold such
hearings as it may deem advisable and necessary for the
discharge of its duties under sections 144.371 to 144.379,
and to authorize any member, employee, or agent appointed by
it to conduct such investigations or hold such hearings.
Subd. 2. In any such hearing or investigation,
any member of the commission, or any employee or agent
thereto authorized by the commission, may administer oaths.
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456
examine witness**, and issue, in the name of the commission,
subpoenas requiring the attendance and testimony of witnesses
and the production of evidence relevant to any matter in-
volved in any such hearing or investigation. Witnesses
shall receive the same fees and mileage as in civil actions.
Subd. 3. In case of contumacy or refusal to
obey a subpoena issued under this section, the district
court of the county where the proceeding is pending or in
which the person guilty of such contumacy or refusal to
obey is found or resides, shall have jurisdiction upon
application of the commission or its authorized member,
employee or agent to issue to such person an order requiring
him to appear and testify or produce evidence, as the case
may require, and any failure to obey such order of the
court may be punished by said court as a contempt thereof.
Section 115.
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be necessary for the purposes of sections 1^.371 to
lM.379» the commission or any member, employee, or agent
thereof, when authorized by It, »ay enter upon any
property, public or private, for the purpose of obtaining
Information or conducting surveys or Investigations.
Section 115.05. Final Order. Subdivision 1.
Notice; hearing. No final order of the commission shall
be effective as to the vested rights of any person adversely
affected thereby nor as to any disposal system operated by
any person unless the commission or its authorized officer,
member, or agent shall have held a hearing upon the matter
therein involved at which evidence may be taken, of which
hearing such person shall have had notice as hereinafter
provided. Any person who will be directly affected by the
final order therein shall have the right to be heard at the
hearing and to submit evidence thereat. Written notice
specifying the time and place of the hearing shall be
served by the commission upon all persons known by it to be
directly affected by the final order, personally or by
registered mail not less than ten days before the date of
the hearing. A copy of the final order shall be served in
the same manner upon all persons who entered an appearance
at the hearing.
Subd. 2. Emergency order. Notwithstanding the
provisions of subdivision 1 of this section, the commission,
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458
when it ahall have firat determined that an emergency
exiata reapeotlng any matter affecting the public health,
may make a final order without notice and without a
hearing. A copy of auch final order shall be served as
provided in subdivision 1 of this section.
Subd. 3. Appeal. An appeal may be taken from
any final order, rule, regulation, or other final decision
of the commission by any person who is or may be adversely
affected thereby, or by the attorney general in behalf of
the state, to the district court of Ramsey county In the
manner herein provided. Within 30 days after receipt of a
copy of the order, rule, regulation, or decision, or after
service of notice thereof by registered mail, but not in
any case more than six months after the making and filing
of the order, rule, regulation or decision, the appellant
or his attorney shall serve a notice of appeal on the
commission, through its secretary; provided, that during
such 30 day period the court may, for good cause shown,
extend auch time for not exceeding an additional 60 days,
but not beyond the expiration of such six months' period.
The notice of appeal shall refer to the action of the commis-
sion appealed from, shall specify the grounds of the appeal,
including points of both law and fact which are asserted or
questioned by the appellant, and may contain any other
allegations or denials of fact pertinent to the appeal. The
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459 j
notice shall state an address within the state at which !
service of notice and other papers in the matter may be
rc.sde upon the appellant. The original notice of appeal,
w;.th proof of service, shall be filed by the appellant or
Ms attorney with the clerk of the court within ten days
alter service of the notice, and thereupon the court shall
have jurisdiction of the appeal.
Subd. 4. Int«rvention by state. The appellant
,-3nri the commission shall in all cases be deemed the original
parties to an appeal. The state, through the attorney
enersl, or any other person affected may become a party
• >y intervention as in a civil action, upon showing cause
nherefor. The attorney general shall represent the coimnis-
wic;;, if requested, upon all such appeals unless he appeals
or intervenes in behalf of the state. No bond or deposit
.'or costs shall be required of the state or the commission
,oon any such appeal or upon any subsequent appeal to the
.-,i,preme court or other court proceedings pertaining to the
matter.
Subd. 5. Venue of appeal. The venue of an
appeal may be changed by order of the court upon written
consent of the parties or for cause shown, after hearing
upon notice to all parties, as in a civil action, to the
district court of any county in which the order, rule,
regulation, or decision appealed from would take effect.
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460
Subd. 6. Record on appeal. Within 30 days
after service and filing of the notice of appeal the commis-
sion, through Its secretary, shall make, certify, and file
with the clerk of the court having Jurisdiction of the
appeal a return comprising a copy of any application, peti-
tion, or other material paper whereon the action of the
commission appealed from was based, a copy of the order,
rule, regulation, or decision appealed from, a statement of
any findings of fact or rulings or conclusions of law made
by the commission in the matter, and sr.ch other statements,
admissions, or denials upon questions of law or fact raised
by the appeal as the commission may deen. pertjnent. Such
30 day period ma> be extended uy the court for cause shown
for not exceeding an additional 60 days. Within the time
allowed for making and filing the return a copy thereof
shall be mailed to or served upon the appellant or his
attorney. The allegations of new matter in the return shall
be deemed to be denied by the appellant unless expressly
admitted, and no further pleadings shall be interposed.
Otherwise the allegations of the notice of appeal and return
shall have like effect as the pleadings in a civil action
and shall be subject to like proceedings, so far as
applicable.
Subd. 7. Appeals as in civil actions. The appeal
shall be heard and determined by the court upon the issues
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461
raised by the notice of appeal and return according to the
rules relating to the trial of civil actions, so far as
applicable. The court of its own motion or on application
of any party »ay, in its discretion, take additional
evidence on any issue of fact or may try any or all such
issues de novo, but no Jury trial shall be had. If the
court shall determine that the action of the commission
appealed from is lawful and reasonable, and is warranted
by the evidence in case an issue of fact Is involved, the
action shall be affirmed. Otherwise the court may vacate,
or suspend the action appealed from in whole or in part, as
the case may require, and thereupon the matter shall be
remanded to the commission for further action in conformity
with the decision of the court.
Subd. 8. Stay. The taking effect of any action
of the commission shall not be stayed by an appeal except
by order of the court for cause shown by the appellant.
The granting of a stay may be conditioned upon the furnishing
by the appellant of such reasonable security for costs as
the court may direct. A stay may be vacated on application
of the commission or any other party after hearing upon
notice to the appellant and to such other parties as the
court may direct.
Subd. 9. Order prina facie reasonable and valid.
In any appeal or other proceeding involving any order, rule,
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462
regulation, or other dtciilon of the commission, the
action of the commission shall be prlma facie reasonable
and valid, and it shall be presumed that all requirements
of the law pertaining to the taking thereof have been
complied with. All findings of fact made by the cosualssion
shall be prlma facie evidence- of the matters therein stated.
The burden of proving the contrary of any provision of
this subdivision shall rest upon the appellant or other
party questioning the action of the commission.
Subd. 10. Collateral attack. If no appeal
be taken from an order* rule, regulation, or other decision
of the commission as herein provided, or if the action of
the commission be affirmed on appeal the action of the
commission in the matter shall be deemed conclusive, and
the validity and reasonableness thereof shall not be
questioned in any other action or proceeding, but this shall
not preclude the authority of the commission to modify or
rescind its actions.
Section 115.06. Cooperation. Subdivision 1.
With other sovereign states. The commission, so far as it
is not inconsistent with its duties under the laws of this
state, may assist and cooperate with any agency of another
state, of the United States of America or of the Dominion
of Canada or any province thereof in any matter relating to
water pollution oentrol.
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463 :
)
Subd. 2. Funds received from persona or agencies.'
The commission may receive and accept money, property, or
services from any person or from any agency described in
subdivision 1 or from any other source for any water pollu-
tion control purpose within the scope of its functions
under sections 144.371 to 144.379* and all moneys so
received are hereby appropriated for such purposes In like
j
4
manner and subject to like provisions of law as the i
i
corresponding appropriations of state funds. \
Section 115.07. Violations and Prohibitions. •
Subdivision 1. Obtain permit. It shall be unlawful for ;
t
any person to construct, install or operate a disposal •
system, or any part thereof, until plans therefor shall have ;
s
been submitted to the commission unless the commission shall j
•
have waived the submission thereof to it and a written •
$
»
t
permit therefor shall have been granted by the commission. j
i
Subd. 2. Systems now operating. The commission, •
»
upon application of the appropriate person, shall issue a i
i
permit for the continuance of every disposal system now j
operating pursuant to proper legal authority subject,
however, to the right of the commission to modify or revoke
such permit in the same manner as other permits.
Subd. 3, Permission for extension. It shall
be unlawful for any person to make any change in, addition
)
to or extension of any existing disposal system or part
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464
thereof that would materially alter the method or the
effect of treating or disposing of the sewage, industrial
j
waste or other wastes, or to operate such system, or part !
thereof as so changed, added to, or extended until plans j
i
therefor shall have been submitted to the commission unless i
the commission shall have waived the submission thereof to i
l
it and a written permit therefor shall have been granted '
i
oy the commission. j
Subd. 4. Injunction. Pollution of any waters in j
i
violation of any provisions of sections 144.371 to 144.379, i
i
or of any order or regulation adopted by the comsiission ;
t
thereunder shall constitute a public nuisance, and may be j
enjoined and abated as such as provided by law. :
i
Subd. 5. Preliminary notice in tort actions. j
i
i
Every person who claims damages from the holder of a permit j
j
issued under sections 144.371 to 144.379 for the operation !
or a disposal system or from any employee or agent of such
permit holder for or on account of any loss or injury
sustained by reason of the operation of such systea in
respect of the treatment or disposal of sewage, industrial
waste, or other wastes therein, or by reason of the dis-
charge of any effluent therefrom, shall cause to be presented
I
to such permit holder and to the secretary of the commission '
within 30 days after the alleged loss or injury occurred
a written notice, stating the time, place and circumstances
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465 '
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thereof, and the amount of compensation or other relief s
j
demanded. No action therefor shall be maintained unless j
!
such notice has been giv«rt , or if commenced within ten days <;
thereafter or mor« than one year after the occurrence of
the loss or Injury. (
Subd, 6. Penalty. Violation of any provision j
!
of sections 144.371 to 144.379 or of any regulation adopted i
i
by the commission thereunder shall be a misdemeanor. .
i
Section 115.08. Interpretation. Sections 144. 371 1
to 144.379 shall not be construed as repealing any of the ;
provisions of law relating to the pollution of any waters j
of the state, but shall be held and construed as supple- j
i
menting the same and In addition to the laws now In force,
except as the same may be in direct conflict herewith. '
Section 115.09. Citation. Sections 144.371 to '
»
144.379 may be cited as the State water Pollution Control j
«
Act. ;
POLLUTION OP WATERS AFFECTING THE PUBLIC HEALTH |
i
*
s
I
Sections 144.38 to 144.40, Minnesota Statutes |
t
i
1949, which are set out below, authorize the State Board J
i
i
of Health to investigate the extent, character and effect •
of the pollution of the public waters of the State so far
as such pollution affects the public health. Cooperation
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466 i
I
with all public and private agencies working to protect !
of the State from pollution is directed. Furthermore,;
nhe Gtate Board of Health is required to designate, with j
the approval of the Water Pollution Control Commission, a i
qualified and experienced sanitary engineer to act as the i
j
commission's executive engineer, and to furnish such other j
I
services as the Commission might need in its administration i
of the State Water Pollution Control Act. I
i
Section 144.38. Pollution of Waters. Subdivision}
i
1. Board to administer laws. The board is hereby given ]
i
and o-harged with the power and duty of administering and j
1
enforcing all laws relating to the pollution of any of the j
t
t
waters of thia state, so far as such pollution affects the j
public health. ]
i
Subd. 2. Duty of Board. The board shall make !
auch investigations of water pollution and the plans for j
i
~he construction of works affecting water pollution as may ',
oe required by the water pollution control commission. The :
coard shall furnish to such commission such other service as (
the commission may need in the administration of the State
Water Pollution Control Act, Including the employment of a |
i
qualified and experienced sanitary engineer, who shall be !
i
I
designated by the board, with the approval of the commission
nnd shall act as the commission's executive engineer and
perform such duties as it prescribes.
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467
Subd, 3, Cooperation. The board Is hereby
specifically authorized to cooperate with other departments
of state, other state officers, with municipalities of all }
i
kinds, with other states, the United States, the Dominion i
of Canada or any province thereof, industries, societies, j
corporations, and individuals, to the end and purpose of
protecting and freeing the waters of the state from
pollution.
Section 144.39. Hearings and Investigations.
To carry out the purpose of sections 144.38 to 144.41,
the board is hereby authorized to hold such hearings or
investigations as it may deem advisable, and In any such
hearing or investigation any member of the board or the
secretary thereof or any officer or agent of the board
appointed by it tc hold such hearing or investigation shall
have the power to pjbpoena witnesses, to administer oaths,
and to compel the production of books, papers, records,
and other evidence. Witnesses shall receive the same fees
and mileage as in civil actions. Disobedience of any sub-
poena in such proceeding or contumacy of a witness, upon
application of the board, may be punished by the district
court in the same manner as if the proceeding were pending
in such court.
Section 144.40. Cooperation with Board. The
board, for the purpose of assisting in the performance of
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466
Its duties under sections 144.38 to 144.41, may receive and
accept any money, property, or services, or any fora of
cooperation from any person, firm, corporation, municipal
corporation, the state, or any of its departments or officers
or any other state, or the United States.
* *
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469
EXHIBIT II
3.P. No. 24
Chapter Mo.
AM ACT 874
RELATING TO WATER POLLUTION, PROVIDING
FOR THE PREVENTION, CONTROL, AMD ABATEMENT
THEREOF BY THE CONSTRUCTION AND OPERATION
OF MUNICIPAL SEWAGE DISPOSAL SYSTEMS AND
OTHERWISE; AMENDING MINNESOTA STATUTES
1961, SECTION 115.01, SUBDIVISIONS 9 AND
10
BE IT ENACTED 3Y THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. S^Miv^iou 1. Tlhe defiriitiooo given
in this sectioni shall obtaip^ for the purposea of this act
except aa otherwige expressly provided or iudicated by the
context.
3ubd. 2. "Corotuisglcmer" «eaoa the conmiaaioner
of ad«in1stration.
Subd. $. "Copaission** meana the? jreter pollutlop
control cowmiaaion.
3ubd. 4. "Municipality" meana a city, village,
borough, sanitary district, or other governmental sub-
division or public corporation.
Subd. 5. The definitions given in Minnesota
Statutes 1961, Section il^»_Ql_f_ a«i now in force or hereby or
-------
hereafter amended, shall govern for the purposes of this act
except as otherwise expressly provided or indicated by the
context.
Section 2. Minnesota Statutes 1961, Section j
115.01, Subdivision 9, is ataended to read: j
i
3ubd. 9. "Waters of the state" aeans all streams.'
-*-!
4 Kft ddl I A If" f^*O ^ U^k &^ftd ^ KkflC »*tt !L L *• W &^tt £t WB v^tt B tfft •- L^klc 4MH ^ft^k Wd CkW^ Bfl _, j^ » ^klBAA i
0 CX vl 4k ft JEk ^*9 * •» U^P X Wd 9R WPJ *" * * * "* " ^TJB ft Rvl JCCv flt Vflp Mr^9PQ ^» W "VC *9 VX w *WF '
state, ponds, marshes, watercourses, state?-e»«afcy7-tewa-e*
^uelie4»l watermya>., wells, aprings^ reeeryoirst aquifers,
irrigation aysteias, drainage systems and all^ other bodies or
accuaulations oi water, surface or uadergrou^nd, natural or j
artificial, public or private, e£-3ueh~eha?*etet»-that-%he~ j
sr-bfe either I
te
. which are ;
contained within, flow through^ or border upon,, the state pr
any portiou thereof. !
t
Sec. J>. Minnesota Statutes ±961, Section 115.01, ;
!
i
Subdivision 10, is amended to read: \
3ubd. 10. "Person" means the state or any agepcy
or institutioa thereof, auy municipality, goveruHjental
subdivision, public or private corporation, Individual,
partnership, or other entity, and includes any officer or
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471
governing or managing body of aajr municipality, governmental
subdivision, or public or private corporation.
Til LT Jim '-I II _• ii 1 I llir ~L -.T*r-- L . . . _• . ." -it TT n ~l\ -31* - r : r.-i * " - fvJ&»,J.™^a;~-^^~a~f!<*Mf****fn~atr
Sec. 4. It is the pojUcj^of the state to provide
for the prevention, control, andajKMLeaent of pollution of
all waters of the state, so far as feasible and practical,,
in furtherance of conservation of such waters and protection
i
of the public health and in furtherancjg of the deyelopaeut i
i
of the economic welfare of the state. The commission shall
prepare a long-range plan and program for the __ef_f ectuation
of said policyj,_ajad abaj.1 ual^v a repovt of progress thereon |
i
during ....each^ J^emtjLun to the legislature at the beginniag of •
each regular sessiont with recomciendatloos for action in <
f urtjbierance of auch program durin^ jthe enauing biennium.
i
It is the jRirpose of this act to^safeguard! the- waters* of ;
t.be stait fc f rota £ol lu 1 ioa by; (^a ^ prev ent j ng any new ]
pol 1 u t ion; a ud (b) jaba t_i tig pol I ut ion exist log when this act !
!
becomes effective^ under aprogram consistent with the j
i
declaration of policy above stated. i
Sec. 5» Subdivision 1. In addition to the otber ;
t
powers prescribed by law, the cotnmiasion shall have the '•
powers and duties prescribedin thia section. In exercising i
(
all auch ppwers the^ comMisajlOD> shall give due consideration !
!
to the eBtablishac'nt, Mnintenancf^ oporation and expansion |
i
of business, commerce, trade, i ud uat ryL t ra ffic a nd qt her
i
economic factors and other material matters affecting j
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472
the feasibility and practicability of any proposed action,
including, but not limited to, the burden on a municipality
of any tax which way result therefrom a ad shall take or
provide for aucb action as may be reasonable, feaaible and
practical under the circumataucea.
Subd. 2. Acting within the acope of the policy
and purposes of this act, the coroolagion may adopt, promul-
gate, amend, or rescind regulations in the mapper provided
by lawy ag way be necessary or proper tocarry into effect
the provisions of this act.
•--.-r- xir iTriu at - ---""I i-'-~n • iir n in in • n rnmam in..JIT n . ...._j. L._J }
j
Subd. ;?• The coymiissioa may issue, modify, or |
1 ~"j* i
i
revoke orders ajfter due notice and hearing for the followingj
i
purpoeesL when d.eeped neciaaaary .JLo preyent, cqntrolt or abate
pollution;
*'—-™—"-"-^ --"——l J i
(1) Prohibiting or directins the abatement of aayi
i
discharge of sewage, industrial waste, or other wastes, into!
i
any waters of the state or the deposit thereof where the j
game ia likely to get into any waters of the atate in
accordance with the provisions of thia act and specifying
the conditions and time within which such j^robibition or
a bat em eat must be accomplished;
(2) Prohibitiug the storage of any liquidin a
manner which does Dot reaaonably assure proper reteption
againat entry into, a ay wate-rs of the state that would be
likely to jpollute any watere of the atate;
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(3) Requiring the COPS t rue t JOB t Aj»t_a li« t Aon f_
maintenance, and opera tiop by .»a/._«»p.a.c.lpali.ty._of_ any di«-
posal system or a ny jpart Jther epf _ . or. the r ecqnavt. ru ct ion t
alteration, or e_nlargu6iaeat of its exist iog disposal syatea
or any part thereof, or the
measures to prevent, coot vol py a^ate pollutioo or to
prevent, control or abate _anjr_ diaohargc or deposit of aiewage
iDdujitrial waste or other wastes^ b^ ajqy^ puoicipality;
(4) 3ac_cept;..jag otjaerwlae j>r
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Subd, 3. In adopting the classification of
waters and the standards of purity and quality above men-
tioned, the oomnlsalon shall give consideration to;
(a) The size, depth, surface area covered.
volume, direction and rate of flow, stream gradient and
temperatureof the water;
(b) The character of the district bordering
said waters and its peculiar suitability for the particular
uses? and with a view to conserving the value of the same
and encouraging the roost appropriate use of lands bordering
said waters, for residential, agricultural, industrial,
or recreational purposesj
(c) The uses which have been made_^ are being
madjBj or^ may be made pjL said waters for transportation,
domestic^ and industrial consumption^ bathing fishing and
fish culture, fire prevention, the disposal of sewage,
industrial wastes and other^ wastes or other uses within this
state, and, at the discrejbion of the commission, any such
uses in another state on interstate waters flowing through
or _or_i_ginating in this state;
(d)The extent of present defilement or fouling
oJT said waters which has already occurred or resulted from
past discharges ^herein;
(e) The need for standards for effluent from
A.,—..£„ — -^- l...-M..^ I.,. ,1 I-'".. —. .1. .•.•! 1.1 •!• I -I I .—,—.... •• — II I - .. I •* '" " —"• ' '" •—•""••• " ' •
disposa1 systems entering waters of the state;
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475
(f ) Such other considerations as the commission
d e em s pro pe r .
Subd . Ji__.___The ^.9EILl?j?A°IL» after proper study, and
after conducting public hear l_n<£S. up o n d u e notice, s ha 11
adopt and design standards jgf quality and purity for each
such class If 1 cat ion necessar y_ for the public use or benefit j
contemplated by such olassirication. J3uch standards shall
presc rlbe what qualities and pro pe r tie a o f_ w ater shall i
. . - ,
i
condition of the waters of the state
w hi: h is a ejtua lly _qr_ potentia lly deleterious, harmful^ ]
~ """" " ~" I
l®^ E1 ^l^Ji^A -9r-_iH.4.urAo-y-s_ A° -tjrie_j:>ublic^ health, _safety or j
welfare, to terrestrial or aquatic life or _to_the growth and j
propagation thereof, or to the ^ae, of_ sucjijva^ters__for_ j
d Industrial, agricultural, recrea-- 1
t iqna 1 or other reasonab le pur poses r with re8_pect to the
Vjarious glassej established ^pursuant _to_subdiyisipn .S
and may_^ontaln_^such other pro vis ions a_B_the_ coromi_aaion_
deeros proper .Wherever practicable and advisable thg^
cotnroiaaion shall eatabl.ish standards^ for e f f luent 0^
a^s t em s ^ ri te r i n g c lass l_f 1 e d .wat_e_ra_._
Subd. 5. In _ea_tab 1 ia_hi ng_ su c h s tanda rds t
8 i deration L should be ^i ve n to the f o 1 low i n£ f actors j__
JiS which floating splida
be permitted in the
The extent to which suspended solids
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476
colloids or a combination of solids with other substances
suspendad in water, may be permitted)
(cj The extent to which organ!aims of the
collform group (intestinal bacilli) or any other baoteriq-
»
logical organisms may be permitted in the waterJ..
(d) The extent of the oxygen demand which may be
permitted in the receiving watersj
(e) Such other chemical or biological properties
necessaryfor the attainment of the object ivea o£ this act.
Subd.6.The adoption, alteration or modification
of the standards of quality and purity, above ^prescribed,,
a ha 11 be made by the commiBaion only after gublic hearing^
on due notice.
Subd. 7.__Ncticea of public hearing
consi deration , ado pt ion , modif 1 ca 1 1 on , alteration or
roent o f t he c Classification of waters and standards of
purity and quality thereof shall specify the time > date
and place of jiearing, and the waters concerning which c lasai^
fication is sought to be made or for which standards are
sought to be adopted or modified.
Copies of said notice shall;
(a) Be published at least twice in a newspaper
regu larly published or circulated in the county or counties
borjering or through which the waters sought to be cjlassif ied,
or for which standards are sought to be adopted, flow, the
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477
first date of publication of which shall not b« more than 30
days nor ieBs than 20 days before the date fixed for aucfr
hearing; and
(b) Be mailed at least 20 days before such
hearing to^ the chief executive of each municipality bordering
or through which said waters, for whi ?h atanard.s. are sought
to be adopted, flow, and to such other persons as the
commission has reason to believe ma;y be affected by the
proposed standards.
Se_c_.__7j: Subdivision 1. It is.Jtheduty of every
person affected to comply with the_j)rovi3ion3 of this act
and of Minnesota Statutes 1961, 3_ection 13.5.01 to 115.09.
comprising the 3tate_water _po 11 ^t:_or jontro 1__act, as now_ ir^
££T9e ?H hereafter amended, arid all regulations11 ordersA and
permits adopted_or_ issued by^ the commission thereunder; an_d_
to do and perfortn all acts and things within hi a or its
power required to effectuate, carry ou/t^ and accomplish the
purposes of such provisions, regulations, orders, and permlttr
Subd. 2. It is unlawful_for any person to cause
pollution of any waters of the state in excess of or
contrary to any applicable standard^of water .Duality estab-
lished, regulation adopted^ ororder issued by the commission.
or to discharge any sewage, industrial wastes, or other
wastes into any waters of the state or to deposit any thereof
where_ the same is 1 ikely to get Into any waters of the atate
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478
in excess of or contrary to any such standard, regulation,
or order. Any such pollution, discharge, or deposit is a
public nuisance and may be enjoined and abated as such as
provided by law.
Sect. 8. Subdivision 1. Any taxes, special
assessments, levied or to be levied,, and any bonds or other
evidences of Indebtedness issued or to be issued for the
construction, installation, maintenance, or operation by a
municipality of any disposal system or part thereof, shall
not be subject to any limitation and shall be excluded ln_
j
Computing amounts subject to any llmitatiop on tax levies^ j
i
1
s pe c i a 1 a s s e same n t s, bonded 1 nd e b t e dn_e s 8 or _other_ Indebtednesj
and the governing or managing body _arKL the proper officers
of _t he tnunic i pall ty concerned sha 11 jiave the go w e r and, to
comply with any Border of the commlsalon, it shall be their
dutjy jbo^ levy _such taxes and s pec la 1 assjessments and Issue
sucji bpjndjB and take such other law£ul actions as may b,e
ajpproprivate and necessary to provide funds to meet the cost
°£. ^^ll-?-? ns t rue t Ion or jxork L no tw 11 hs ta nd l_n^_ any such 1 Imlt
and without any election or referendurn the^refor. A re c It a ^
In any_bond,)i tax levy, or agseBSBient that^ the same la issued
°JI made for the purposes of a disposal system or any part
thereof^ ordered by the commlsajl^on_and 1^ not subjiec!t_ to
iEX. provisions of law prescribing limits or requiring an
election or referendum therefor shall be prina facie
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479
evidence thereof and that all requirements o^f law relating
thereto have been[compiled with^...... In...any ault, action, or
proceedings Involving the validity or enforceabillty of
any bonds of a municipality or the^^ecurity therefor, any^
auch bond reciting in substance that It has been issued by
the munl^cipallty to aid In financing a sewage disposal system
9J* part thereof, shall be conclusively deemed to have been
isaued for auch purpose, and in compliance_ _wJLth all require-
ment a of the law relating thereto._
Subd._ 2. For the same purposes as the pur poaes
for which a tax may be levied under subdivision 1 of this
sectjLonj a municipality may levy taxes ir^ ajrvtlcj-pation of
need^and the pro vis ion _o_f_s ub d i v isi o n _1_ shal_l^ _be applicable
Sjo_ jfar__aj8 appropriate to any such anticipatory levy. If
such a tax Is levied in anticipation of needI, the purpose
must be spec1f1ed In the resolu11on of the governing body
directing the levy, and proceeds of the tax must be used
only for that purpose•, and untl1 used the proceeds shall
be_ retained^ in a separate fund p^r_ in vested as surplus in
a sinking fund may be invested unde^r Minne_sqta St^atuteaj,
Section ^75.66.
Sec. 9, Subdivision 1. The provisions of this^
act and of Minnesota Statutes 1961, Sections 115.01 to
lj.5.09 and of any regulatIon adopted or order or permit
issued by the commission thereunder or under any other law
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480
now in force or hereafter enacted for the prevention,
control, or abatement of pollution may be enforced by
injunction, action to compel performance, or other appropriatje
action. The attorney general shall bring any action
required therefor in the name of the state at -the request
of^ the commission.
Subd. 2. In any action to compel performance
of an order of the commission for any purpose relating to
the prevention, control, or abatement of pollution the court
may require any defendant adjudged responsible to do and
gerform any and all acts and things within his or its power
which are reasonably necessary to accomplish the purposes of
the or der . In case a muni c 1 pa lit y or _l_ts_ governing or
managing body or any of Its officers is a res po n s i b 1 e
defendant, the court may require it or him to exercise Its
or his powers, without regard to any limitation or any
requirement for an election or referendum imposed thereon
by law , to do any or all of the following , without limiting
the generality hereof ; To levy taxes, levy speclaj.
assessments, prescribe service or use charges, borrow mo ney f
issue bonds, employ assistance, acquire real or personal
property, le_t_ contracts or otherwise provide^ for the doin&
°j* tn® ^ojns t ru^t^ojr^,_ij^s t a llatlp n , ma i n t enanc e ,_ or
operation of f_ac_il ities, and do ajlj^ other acts a Lnd_ things
rea s on ably nece ss_a ry^ to accomplish the purposes of the order.
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481
Seo. 10. Subdivision 1. In lieu of enforcement
action aa^jgrovldgd by section 9, the coremiaslQn^ in cast of
failure by any municipality ^rita governing or roanaging
body or officers to comply with any order of the commission
for the construction, installation, maintenance, or operation
of a disposal system or part thereof, may by resolution
assume the powers of the legislative authority of the
municipality and confer on the commissioner the powers of i
i
the administrative officers of the municipaly relating to
the Construe t ion, insta llation , mai nt enance , or operation
°S- a disposal system, or part thereof, or issuing bonds
and levy ing taxes tjier ef or , a f ter ho Id I ing a hear ing on the
case as provided ^^j^neso^ta^Statutes 39_6l, .Sect iona
113 . 03 and 1.15.05,, upon notice s pec i f y£ng_ the par tic ulars
of the alleged fal lure to _cornplv_ _wi_th the order and the
j
•
powers proposed^ to be assumed for the purpose of remedying '
such failure. The resolution shall include or have attached
thereto a copy of the order, aha 11 set forth the findings
of the commission as to fai lure of c o_m p 1 i a n c e t^he r^ew i t h
after the hearing thereon, and shall set forth the powers
assumed and determine the action to be taken. Certified
copies of the resolution and order shall be t^ranstnltted by_
the secretary of the commission to the commisslqner and to
the cleric or other recording officer of the muni c i pa l^i ty
.;onoern ed_ . _ The" reao_lu_tlon and order jand^ _oert.if i ed copies
-------
482
thereof shall be prima faoie evidence that the order la
reasonable and valid, that all requirements of Ian relating
thereto and to the hearing thereon have been complied with
by the commission, that the municipality and its governing
or managing body and officers have failed to comply with
the order as set forth In the resolution, and that the
powers so assumed ar<» vested in the commission and the
commi a & loner as therein set forth. Thereupon the commission
and the commissioner shall have charge of the case, and all
other proceedings for enforcement of the order shall be
suspended until the authority of the commies ioner in the
case has been terminated as hereinafter provided. At this
stage of the case_ t^here__is_ a right of Judicial review, and
the resolution and att a ched order shall be deemed a final
order for the purpose of Jud 1 c ia 1 rej/iew , _but ^ f ai lurg_jit
this stage to seek Judicial review does_ not preclude
Judic ial relief at a subsequent stage where, and in a, manner^
o_t herwi se^ appro priate. _
Subd . 2 _. Upon the assumption of powers as
provided in subdivision 1, all the powers of the munici^pajlity
and its governing or managing body and officers wi^th
respect to the subject matter of the order shall thereby
be forthwith transferred to and vested in the commission
and the commissioner, and they shall thereafter exercise
the same in the name of the municipality or its governing
-------
483
or managing body or off icera, as the case may require,
until temlnated as hereinafter provided. Such powers
shall include, without limitation, the power to levy taxes,
to certify such taxes for oolle cj:ion, to levy assessments
on b enefited property, to prescribe service or use charges,
to borrow money, to Is sue bonds, to employ necessary
assistance , to acquire necea^ar y r ea 1 or persona 1 pro pejc* t y ,
t£ let contracts or otherwise provide for the doing of
work o r the construction, Installation, maintenance, or
operation of fa c i 1 1 1 1 es , and to do and perform f or the
municipality or its governing or managing body or officers
all ojt her a c t s a nd tjhings__required Jto effectuate, carry out,
and accomplish the purposes of the order and which might
have been done or £er_?py^ b_y_ the m\j i n 1 c 1 pa 1 1 1 y o r its
governing or wanas^ns^ody _or of f i cers.
any and _all_ such powers by the £omtni^ssion arid the comiais-
sl_oner_^ha 11 have like force and effect as if t he same had
been exercised by the municipality or Jay its jgoyerning or
cnanaging body or pffi^erg^. All such acts or things done
or performed by the comm^ssior^ or the commissioner shall
be pritna facie lawful and^ valid, and _it_shall be presumed
that a 1 1 requ i remen t s of law or charter relating thereto
have been complied with. Any bond pursuant to this sectjo
in the hands of a holder in good faith and for value
reciting that such bond ia^ issued for the purposes o£_a_
-------
484
disposal eyettro, or part thereof, pursuant to the order
of the comaiBBion under thia section shall be conclusively
deemed to have been issued for such purpose and in com-
pliance with all requirements of law relating; thereto and,
shall be a valid and binding instrument enforceable against;
the municipality In accordance with its terms. The impact?
on a municipality of taxes or special assessments which are
likely to result from compliance with an order made under
section 5, subdivision 3, clause (1), weighed against the
urgency of the need for compliance in the light of public
health and the policy and purposea of thia act shall, be a
relevant consideration in any Judicial Inquiry JLntc^ the
reasonableness of the order.
Subd. 3> ......Except, as otherwise provided herein,
«
a^lj^ groceedings qf^ the commission or the commissioner under (
subd 1 v i s ion 2^ aha 11 be governed by the laws or charter
pro vis ions^ govern injg like ...proceed_i_ng8^.of the governing or
managing body or administrative offlcera of the jBunicipality,
as applicable, and they a ha 11 have like powers and
duties with respect thereto as_th_e_ governing J>JLjnanaging_
body, the mayor or other prgaiding officer, the clerk or
other recording officer, and any other officer of the
municipality having authority in the matter, respectively.
In any case where the governing or managing body of the
municIjgality is required to act by motion, reaplutIon, or
-------
485
ordinance, the adoption thereof by resolution or order of
the commission ahall have like force and effect aa adoption
by the governing or managing body and approval by the
mayor or other presiding officer of the municipality, if
requ ired.
Subd. 4. If at any time while the commission
and the commissioner have charge of a^ case as provided in
this section, the governing or managing body or the j
_ . (
o£fi_cers__of__the municipality concerried sha.11 offer to exer-
cise theIr powers and perform t he Ir duties with reapect
to the subject matter in accordancewit. h the order of the
comroission_, _the_commission may by_order.,of which certified.
copies sha_ll_be_ fcz'apsrol^t^d _tp the secretary o" the jommia-
s ion and to the c lerk or o t her recording^ o^TAce_r_ of the
municipality, reinatate such powers to the extent and
subject_to__ainy_cond_i_tions__sjpecified in the order, and the_
governing or managing body or officers of the municipality
^T- - - —_. —.ir . — —. s£ as-,. 1~. —-—• —: - — ~ —~ .—-—•—' —•—••—-•—•——— A-—- — -—«—
may thereupon exercise such powers accordingjly^ ^Such
£^n^a^raejnt__ma^__be__revoiced b^ the commission by order in
like manner ir^ ca^e it shall determine that the affected
powera have not_beer^ giroperly ^r effectively exercised
by the governing pr^ managing body or the officers of the
mun_i^c i_pa 1 ity.
Subd. _5 ^ lft at any time while the commi §81on
and the commissioner have charge of a case hereund«r, the
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466
commission shall determine that the further exerolBe of the
powers of the municipality assumed In the case will not
be feasible or will not be the noat effective procedure
for accompllBhlnq the purposes of the commission 'a order
involved, it may by order so declare . __ Certified copies of
y*®. o^der shall be transmitted bj£_the secretary of the
comm I ss l_o n to the commissioner and the cl erk or o ther
o nee r ned. Thereupon
rjecor di ng _o£f 'ice r o f the jnu n^c
the pow^ers asaumed shall be reveated in the municipality ' ,
and th^ commission may proceed i^ith enforcement of its
order i^n^su c h_m_ajnne r as majr Jb e _au thorj.zed_by_law _._
Sec. 11. Subd i v id i on... JL... _...! f the_ commiasion
diejbermlneB after a_hj3j^rinj£_ on the a u b J e c t ma 1 1 er t ha t
£P p pe ra 1 1 o n J3e twee n two or a ore jnu^ic i pa 11 ties ia__ ne_ce8_8 ary
to^prevent, control^ or abate pp_ljLuti_on_^ __lt_ may adopt a
re so l^ip HJ? °_ dec^larlng and determining whether it will be
f ea s i b le to secure such c^oope ratio n _by _c o n t ra c t b e t M e e n t he
municipal.! ties concerned.
Subd. 2. If the commission determines that
procedure by contract will be .fjeAl^-i?,'-,..^ nay issue an
9^®.^ "j^J^t^^^infi'^-^^^B-J^?!^ the general purpoaee and
terms of a proposed contract under^ any applicable law,
det e r m iningj. among other things , which of the municipalities
g£nc ejrnej^_gha 1 j^ jia ve c ha rge of any faci 11 ties constructed ,
concerned to formulate
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487
and exeoute such., contract ..within such ^time as the. commisaiQn
may specify in the order, but nofr less than 90 dava from
the date of mailing copies of the order to the clerka or
other recording officers of such muni c_ipali ties or service
If a contract approved by fche aommiaaion
as suf f i • i ent ...for the purposes set forth In the _orde_r... IB
not made w i t h i n jb h e _t i me there! n specified, the commission
may re f er the case to the comroi s 8 i oner _as provided in
section 10. Thereupon and thereby all, the appropriate,
contractual powers of each munl^.ipalijty cpricerned and its
governing or mana , g ing body and o f f i c er s ahall be transferred
to and vejJtej|_in[ t he commiss 1 oner . ____ The_ commi s s loner taay
then formulate a c_qntra_^t_3 n acqp.rd_anee_._w_ith jbhe commls--
g_iojn ' g order .j^wj-th jiecesaary iiP'jnterp_arts_^ and execute the.
same in _the__najne of _ each municipaility concerned, with llkjg,
force ajnd_ef f ect_^s if execu t ed b^ ; J^h_e l r^ J3f f i _cerj^ as ._jp.ro.-.
vided by__law_pr charter. An executed counterpart of the
cpnt ra_c_t^ jsha <1 1 Jpje _de live_red_ jor _g_ent_ by __^e_rtlf_ ijad maijL by
the cpjn»is_slon_er_ _to__the __c_lerk. ._°F- ^her r e_c_or d i ng__ p f f i^er of.
each municipality concerned, and^ tj^__jcqn_trac_t_ ahall the^re-
\iP°.n. J^J?**. eSfec5 ^rl$- be , binding on such muni cipa lit lea .
" ubd . 3 , _Anx_c contract for disposal of sewage ^
LP-^is trilaj.__wa8jb e_8j_. ^r qther wastes or fpr the conatruptiori>
roalnteniancej or operation of a_nyfacl lit lea therefor here—
tofore or hereafter executed between two or more
-------
488
municipalities may be renegotiated, reviewed, and reviled
or modified with respect to rat eg pr charges or any other
provision by agreement of the parties to the contract .
any provision of Jtaw^ charter * or J-he __cp.ntra.&t. to the
contrary notwithsta nding'.
Subd. 4. .Any munlcljgallty which is a party
£P~.a _c ^H^?!®.^ ^PJL-J8 ny of the pur pog es^ jj^e cj.fi ed in sub-
division 3 and which opera teg a plant for the disposal of
sewage , industrial wastes, or other was t ea , or^ wjhj^ch JJB ja
city of the first class ccffiprlslng a p_art of a aanitary
$1 :BJir LG_L_UJ1^® ?L ^^DJQ® 3J?^. JSta tu te a_z __c ha p t e r jMf 5 upon
wr i 1 1 en no tic e to the _other_party or pa r ties } f i x new . ra teg.
perf'ormed_ under the ccmtract^
charter, or _the_
contract to the contrary. _ Ariy ?^he^__party__or _parties _tp
s_u£h a contract w:^Ji_a__tni£nlcipality w h_i c h^ o pe r a tea s u q h a_
of ^a sajn^taj^y_districrt under_Minnesota
445 vpoj^ written no_ticje _to Sj^ch municipa^lit^y,_ demand _that
new^ rates_ and charges Jae fixed for service
the contracj^, _notwiths^tai}d_ing ^PiL
orthecontract to
a£ p_royj.dled herein, itj3_ha_ll be the duty of the municipality
opera ti^ng the plant fo r_ t he__d 1 aposa 1 jo^f jse w a ge , indua trial
was tea , ^_othejr_vaBt9Bj_ or __a
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489
coaprlslng a part of a j^ariltary district under Minnesota
Statutes, Chapter 445 » to hold a hearing for the determina-
tion of proper rates and charges. A valid notice given
under this subdivision of a deiaand to fix new rates and
charges as to any contract _prec_lud.ejB another such notice
by any party as to that contract for a period of five year 8
from the blme of the notice, or the time of dismissal of
proceed ings under a notice, or the t img_ of determination _of
^fefe.a^_and £harges by the affected agencies or by Judgment^,
as^ t he oase may be^ whichever of t hes e e vents JLg , last ,__ bu t
!
j
there may always be a c orvtra_ct_ change under subd i v i a ion 3. ?_?. \
I
this sec tlon j^ pro y ided there o an J?e_np such demand as of
right within t he f i r s t f i v e years of a contract. A
municipality whl jh may be affected by determination of new
rates _a_nd charges in such a proceeding may ^arti.^i gate in
the prQceeding ajB^ an J.nterested third party by filing a,
notice of ita intention i to ao_partic^pate wi th the clej'k
of the Biunic i pa li ty, t o whi oh t he or igl nal not ice was
djirected. If any party po the contract involved in t_he_
groceeding initiated by notice of demand _fpr ngw^ rat eg and
oharges la dissati afled with the rates and charges as set^
in the proceeding it may within 30 days after eu^ch det^er -.
mlnation_by written notice given to the other party^ or
parti ej^ •l«£fc _tp _iy_bjm i t _t he _ma 1 1 e r a i n d i s^pu te to a board
of arbitration which shall be created as follows: The
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490
municipality Baking auch written ejection ihajll in inch
written election appoint a referee; the other municipality
shall within ten days after such election and appointment
also appoint a referee; the two referees shall appoint a
third referee, or If they fall for ten days to do Bof
unless the municipalities mutually extend the tlme^oii
them to do ao the district court of a Judi c la 1 district
which ia mutually agreeable to the municipalities shall
make t he ajyx) intment oj' the t hlrd referee. _ A dec Is ion of
the majority of the _Jboja_r d aha 11 be a d e els ion of the boa r d .
Ea c h mun 1 c 1 pa 1 It y sha 1 1 pay the c om pen ea t ion of the referee
appointed _bj_Jr^j»- aEd _ojie^half^ of the conipensation of the
third referee , such comj)en8at . pri^ to 'oe_at_the rate usually
charged bi_?lich_jpe rspn for^ 3e r v ic e s_ i n _hl a _jp£p f e8S_l£n or
occupation. The hearing Initiated by the_nqt_i^e of demanj
connection therewith ahali b^e J.n_
such a e ctins.
.ccmtra ct_ __a&ir 1 ? v«d__by_ the
dec is ion _or jorder_ jmad \e_ In conformity w i^h J3u^ch_pr_oy ijiijons
sha 11^ b e enti t led to _J udiclal re view in the district court
in the cuni^^ or order was made and
in t he nan ner
charges _
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491
will continue until the proper rates and charges art
finally determined, notwithstanding submission to arbitra-
tion or Judicial review, but the order or Judgment which
finally determines legality will provide for adjustment
of_ over payment or underpayment ,, If any, during the period
after the new rates and chargea were initially fixed,
All records of any muni pi pa 11 ty relating to such
rates and charges shall be available at all reasonable tiroes
f or _e_xam 1 na , t ion by any municipality.
Subd . 5. Any party to the contract aggrieved
by a dec^ision or order shall be entitled to Judicial
review thereof by _ serving a pet i ti on therefor upon the
muni cijpality making the decision or order and filing the
same with proof of service in the office of the clerk of
30 days after the dec is ion or order
has been made and the part les not if led thereof . JPhe pjet i t ion
a ha 11 state the nature of the pet itj-oner'sint great, and the
ground or grounds upon whj^ch the petitionej' contenda the
decision or order should be reverBed or modified.
getlt iqn_jnay_be ame^nded by leave of court , though the time
for serving the same has expired.
Within 20 days after service of such petition for
review, the municipality shall serve upon the petitioner an
answer ata ting its position with reference t o the reversal
or modification of the order or decision under review.
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492
Such answer with proof of service thereof shall be filed
with the clerk of the district court within ten days after
such service. No further pleadings shall be necessary.
The review shall be noticed for trial as in the case of a
civil action and shall take precedence over other civil
cases for trial.
The institution of the proceeding for review
shall not atay enforcement of the order or decision, but
the court may order a stay upon such terms as it deems
proper.
Within 30 daya after service of the petition
for review upon the municipallty^ or wlthin auch furjther
tiae asthe court may allow, the municipality aha11 transmit
to_ the court the original or_ a _oerj^ifled_^p_pj^ of the__entlre
record of the proceedings in whloh 3 jch order or_ dec_l_sion_
und er rev1ew was made, but by stipulation of the parties
to^ the ^review proceeding, the record may be shortened J>y
eliainatinft any portion thereof'_.^ The j?ecord may be type^
written or prInted and the exhibits may be typewritten^,
El^lfi^^JLtj®^^ jor upon motion of any
party, or by order of the court, the original exhibits^
shall accompany the record. The court may require or
permit substantial corrections or additions to the record
twl --_-.-..! _ .1 -III—- I' ^_._ —.-~- — —^—-.». I— .,.,•—— .,-!,.-..• I... ——-• ,. . I ' - - -•-» ._.— -- H TT .^••Wl
when deemed desirable.
If before the date set for trial an application
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493
la made to the court for leave to present additional
evidence on the Issues in the case, and it la shown to the
•at is faction of the court that the additional evidence is
material, the court may order that such additional evidence
be taken upon such terms as the court may deem proper.
The review shall be conducted by the court
without^ Jury and the court may affirm, reverse or modify
the order or decision if the subs t ant la 1 rights of the
petitioner have been prejudiced as a result of such order
or decialo n being;
(a ) .Contrary to const 1 tut lonal rights or privi-
leges; or
(b ) In exce88__of the_ statutory authority or
JurJ sd 1 ctlon_ p f ; t _he_ agency, or af fee ted by .oth^r _jBr_rp_r_pf
law ; or
(c ) Made or jprpmulgated upon unlawful procedure;
or
(d ) Unsupported by aubatantlal evidence in view
of t he entire record as aubml t ted j or
(e ) Arbitrary or capricious.
QOL party may appeal from the final Judgment of
the district court to thg^juprem^cpur in the manner
provided by law for other appeals in civil actions.
Np^ party to the review In any court is entitled
to recover therein costs or attorney's fees or witness fees
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494
or any other disburseaten t.
Subd. 6. All rates and charges shall be reaapn-
abJLe and shall be sufficient to compensate for all costs of
devoting the sewage disposal plant, equipment, its collector
system, and.personnel to the accomplishment- of the purpose of
the service to be rendered but shall not include profit.
When the sewer system of any municipality or any part thereof
is devoted to the use of another municipality, all charges
for such use shall be reasonable and shall be sufficient to
compensate for all coats of such use, but shall not Include^
profit.
Subd. 7. Nothing in subdivision 4 shall preclude j
i
the fixing of ratesand charges by agreement of the parties
under subdivision 3.
Subd. 8. Any caae referred to the commissioner
under this section may be remanded to the commission as
provided in section 10,subdivision 5.
Sec. 12. For the purposes of carrying out the
pplicy and purposeg of this act and of Minnesota Statutes
1961, Sections 115.01 to 115.09* there is hereby conferred
upon all towns of this state the power and authority to
'onstruct, install, acquire,, maintain and operate dis posa 1
systems^and parts thereof, and to levy taxes,, and special
assessmentst to issue bonds and to do all other things
necessary or convenient for such construction, installation,
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495
acquisition, maintenance and operation in the same manner
and extent and subject to the same limitations a* villages.
Sec. 13. The provi s ions of any contract between
two or more municipalities for any purpose relating to the
prevention/control, or abatement of pollution, whether now
in force or hereafter consummated as provided in section
11 or othersise, may be enforced by action to^compel per-
formance brought by any municipality which is a party to
the contract or by the attorney general in the name of
the state at the request of thecommission. In any such
act ion t he c our t shall have like powers as provided in
section 9, subdivision 2, for enforcement of an order of
the commission.
Sec. 14. The provisions oj^ this act shall be_
aeverable and the Invalidity of any section or subdivision^
or part therepf shaj^-DPJL^?^®^!.0i<3 g:ny ,°,t,ner A^A^J'.'G. .or
subdivision or part thereof.
Sec. 15. In any case where the commission has
heretofore^adopted[and established[a clasaification or
standards for any waters as then provided by law, the
c_pmmisalon, at any^ hearing held pursuant to the provisions
of thlja^_Bjg_ct_ipn for the purpose of modification, alteration,
or amendment of such classification or standards or the
adoption and establishment of any class^ifj^jation or
standards for the same waters or any part^thereo^f_a8
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496
required by this act, nay receive and consider for any
such purpose any testimony received at iuoh previous hearing.
as reported in the stenographic transcript thereof, and
any exhibit* received at such previous hearing, union are
relevant, with like force and effect and subject to like
pbjectlons, ifany, as if such testimony or exhibita had
been produced at the hearing hereunder, together with any
further testimony or exhibits which may be•submitted..and
received at the hearing hereunder.
* * *
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EXHIBIT III
AN ACT RELATING TO WATER POLLUTION CONTROL AND
SANITATION; PROVIDING FOR THE ESTABLISHMENT OF SANITARY
REGIONS AND FOR THE CREATION AND ADMINISTRATION OF A WATER
POLLUTION CONTROL ADVISORY COMMITTEE AND SANITARY DISTRICTS.
(Chapter No. 20, Laws of Minnesota, ±96!)
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. (DEFINITIONS.) Subdivision 1. As
used in sections 2 and 3 the terms defined in this section
have the meanings given them except as otherwise provided
or indicated by the context.
Subd. 2. "Commission" raeana the state water
pollution control commission.
Subd. 3. "Region" means a sanitary region created
as provided by section 2.
Subd. 4, "Committee" means the advisory committee
created as provided by section 3.
Sec. 2. (CONGRESSIONAL DISTRICT A SANITARY
REGION.) Each congressional district of the state as now or
hereafter established shall constitute a sanitary region for j
the purposes of sections 1 to 3.
Sec. 3. (ADVISORY COMMITTEE.) Subdivision 1.
(MEMBERSHIP.) There is hereby created a water pollution
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498
control advisory cownittee, consisting of two members for
each region, who shall be citizens residing in their
i
respective regions. The members of the committee shall be i
appointed by the governor, with the advice and consent of ]
the senate. Of the members first appointed to the committee^
I
the term of one for each district shall expire March 1 of |
<
1
the second calendar year after his appointment and the term
of the other shall expire March 1 of the third calendar year
after his appointment, as designated by the governor. The
succeeding regular terms of members, shall be three years,
beginning on such expiration dates, respectively. Each
member shall serve until his successor is appointed and has
qualified. The governor may fill any vacancy on the
committee for the unexpired term, subject to confirmation
by the senate if in session before the end of such tern.
i
Officers and employees of governmental subdivisions may \
serve on the committee but no state officer or employee shall
serve thereon. As far as practicable the governor shall
select the members of the committee so as to provide
appropriate representation for municipal, industry, labor,
agriculture and conservation interests. In appointing members
of the committee the governor may consider recommendations
submitted by any interested person, organization, or the
governing body of a governmental subdivision, but shall not
be limited thereto.
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499
Subd. 2. (EXPENSES OF MEMBERS.) The members of
the committee aba11 receive uo compensation, but shall be
reimbursed for their expenses incurred on committee
business out of any funds appropriated and available there-
i
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for. j
i
Subd. 3. (MEETINGS OF COMMITTEE.) The committee |
i
shall meet at St. Paul at the call of the governor as soon '
as practicable after the appointment of the first members,
and thereafter shall hold one regular annual meeting as
soon as practicable after January i each year and three
additional regular quarterly meetings each year at such
times and places in St. Paul or Minneapolis as the chairman
of the committee shall designate. The regular meetings
shall occur on dates coincident with meetings of the
commission as far as practicable. The committee may hold
special meetings anywhere withiu the state at the call of
its chairman or upon the request of any five members of the
committee. A majority of the members of the committee shall
constitute a quorum. The vote of a majority of all the
members of the committee shall be required for the adoption
of any resolution, recommendation, or report.
Subd. 4. (OFFICERS OF COMMITTEE.) The committee
at its first meeting and at each regular annual meeting
thereafter shall elect a chairman, a vice-chairman, and a
secretary, who shall perform the usual duties of their
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500
!
respective offices, to serve until the next regular annual '
neeting and until their successors are elected and have
qualified. Any vacancy in any office may be filled by the
committee for the unexpired tern at any regular meeting or |
at any special meeting called for the purpose. j
Subd. 5. (SUBCOMMITTEES.) As soon as practicablej
after bis election the chairman shall appoint from the
members of the committee four subcommittees, each consisting
of three or more members, as follows:
(1) On municipal sewage, public health, safety,
and welfare;
(2) On conservation of water, wild life and
related problems;
(3) On soil conservation and agricultural
problems;
(4) On industrial waste problems.
The committee may create such other subcommittees
as it deems advisable.
Each subcommittee shall give special consideration
and study to the .subject matter indicated by its title.
Subd. 6. (DUTIES OF COMMITTEE.) The duties of
the committee aret
(1) To assist the commission in the performance
of its statutory powers and duties and in formulating a
general statewide comprehensive policy for the conservation,
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501
utilization and development of the water resources and
other interrelated natural resources of the state for their
most beneficial uses and the prevention, control, and abate-
Bent of pollution and the establishment of reasonable
pollution standards for the waters of the state;
(2) To maintain liaison between the commission
and the communities, industries, and persons concerned with
the conservation, utilization, and development of the water
resources within the respective regions of the committee
members, and to stimulate action by those responsible for \
i
dealing with such problems; i
(3) To assist in programs designed to inform the ,
public regarding the importance of the conservation, utiliza-s
tion and development of the water resources of the state, !
i
and the prevention, control and abatement of water pollution,!
and of methods of accomplishing such purposes: ;
i
i
(4) To meet with the commission four times each
year and at aucb other times as the commission may request.
Subd. 7. In furtherance of its purposes the
committee and its members may jointly or severally investi-
gate and study any problem relating to its duties. The
committee shall make and file with the secretary of the
commission at least once a year a written report of its
findings and recommendations, but shall not as a body make
specific recommendations on any proposal for action by the
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502
coamisclon. The recommendations of the committee shall be
advisory only, and not binding on the commission. The
commission shall receive and consider all reports made by
the COMBittee or its members and take such action thereon
as it deems advisable. A copy of every report made by the
committee shall be filed with the governor.
Subd. 8. (RECOMMENDATIONS FOR APPOINTMENT OF
COMMISSION MEMBERS.) In case a member at large of the
commission is to be appointed by the governor on expiration
of a regular term or on the occurrence of a vacancy, the
committee may recommend not more than two qualified persons
from their own number or others for the position. The
governor shall receive and consider all such recommenda-
tions but shall not be limited thereto in making the appoint-]
j
ment. j
3ec. 4. (DEFINITIONS.) Subdivision 1. As used ]
in sections 4 to 2J>, the terms defined in this section have
the meanings given them except as otherwise provided or
i
indicated by the context. j
i
Subd, 2. "Commission" means the state water pollu-j
i
tion control commission.
Subd. J. "District" means a sanitary district
created under the provisions of sections 4 to 25.
Subd. 4. "Board" means the board of managers of
a sanitary district.
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503
Subd. 5. "Territorial unit" Means all that part
of the territory of a district situated within a single
Municipality, a single organized town outside of any Muni-
cipality, or, in the case of an unorganized area, within a
single county. i
3ubd. 6. "Related governmental subdivision" Means ;
i
a municipality or organized town wherein there is a terri- |
i
i
torial unit of a district, or, in the case of an unorganized i
|
area, the county. "Belated governing body" means the i
i
i
governing body of a related governmental subdivision, and,
in the case of an organized town, means the town board.
Subd. 7« "Village" means a village organized as
provided by Minnesota Statutes 1957, Chapter 412, under the
plan other than optional.
Subd. 8. "Municipality" means a city, village, or
borough, however organized.
Subd. 9. The terms defined in Minnesota statutes
1957, Section 144.^71, as now in force or hereafter amended,
have the meanings given them therein.
Sec. 5. A sanitary district may be created under
the provisions of sections 4 to 2j5 for any territory
embracing an area or a group of two or more adjacent areas,
whether contiguous or separate, but not situated entirely
within the limits of a single municipality, for the purpose ojf
promoting the public health and welfare by providing an
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504
adequate and efficient systeas and aeana of collecting;, con-
veying, punpingr, treating and disposing of domestic sewage
and garbage and industrial wastes within the district, in
any case where the commission finds that there is need
throughout such territory for the accomplishment of such
purposes, that such purposes cannot be effectively accomplish-
ed throughout such territory by any existing public agency
or agencies, that such purposes can be effectively accom-
plished therein on an equitable basis by a district if
created, and that the creation and maintenance of such a ;
i
district will be administratively feasible and in further- !
i
ance of the public health, safety, and welfare; but subject !
is
to tbe following exceptions: :
i
(1) No such district shall be created within 25 j
i
i
miles of tbe boundary of any city of the first class without ;
*
the approval of the governing body thereof and the approval j
i
9
of the governing body of each and every municipality in such j
proposed district by resolution filed with tbe commission.
Sec. 6. (PROCEEDING TO CREATE DISTRICT.) Sub- '
I
division 1. A proceeding for tbe creation of a district may :
i
be initiated by a petition to the commission, filed with its i
i
secretary, containing the following:
(1) A request for creation of tbe proposed
district;
(2) The name proposed for the district, to include
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505
tbe words "unitary district";
(jj) A description of tbe territory of tbe propose<
district;
(U) A statevent showing the existence in such
territory of tbe conditions requisite for creation of a
district as prescribed in Section 5*
(5) A statement of the territorial units repre-
sented by and the qualifications of the respective signers;
(6) The post office address of each signer, given
under his signature. A petition may consist of separate
i
writings of like effect, each signed by one or more qualified
persons, and all such writings, when filed, shall be j
considered together aa a single petition.
Subd. 2. Every such petition shall be signed as
follows:
(l) For each municipality wherein there is a
territorial unit of tbe proposed district, by an authorized
officer or officers pursuant to a resolution of tbe munici-
pal governing body;
(2) For each organized town wherein there is a
territorial unit of the proposed district, by an authorized
officer or officers pursuant to a resolution of tbe town
board;
(3) For each county wherein there is a territorial
unit of the proposed district consisting of an unorganized
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506
area, by an authorized officer or officers pursuant to a
resolution of the county boardy or by at least 20 percent of
the voters residing and owning land within such unit.
Each such resolution shall be published in the
official newspaper of the governing body adopting it and
i
i
shall become effective 40 days after such publication, unless
within said period there shall be filed with the governing
body a petition signed by qualified electors of a terrltoria
unit of the proposed district, equal in number to 5 percent
of the number of such electors voting at the last preceding
election of such governing body, requesting a referendum on
the resolution, in which case the same shall not become
effective until approved by a majority of such qualified
electors voting thereon at a regular election or special
election which the governing body may call for such purpose.
The notice of any such election and the ballot to be used
thereat shall contain the text of the resolution followed
by the question: "Shall the above resolution be approved?"
If any signer is alleged to be a landowner in a
territorial unit, a statement as to bis status as such as
shown by the county auditor's tax assessment records,
certified by the auditor, shall be attached to or endorsed
upon the petition.
Subd. 3. The commission or its agent holding the
bearing on a petition may, at any time before the reception
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507
of evidence begins, permit the addition of signature* to tbo
pot it ion or eay pomit a»end«ent of tbo pot it ion to oorroct
or restedy any orror or defeot is signature or otherwise
except a »atorial orror or defect in the description of the
territory of tbo proponed district. Ho proceeding shall bo
invalidated on account of any orror or defect in the petition
unless questioned by an Interested party before tbe re-
ception of evidence begins at tbe bearing except a material
error or defect in the description of the territory of the
proposed district. If tbe qualifications of any signer of
a petition are challenged at tbe bearing thereon, tbe
coaaission or its agent holding the hearing shall determine
tbe challenge forthwith on tbe allegations of the petition,
tbe county auditor's certificate of landownership, and such
other evidence as «ay be received.
Subd. 4. Upon receipt of a petition tbe commission
shall cause a bearing to be held thereon, subject to tbe
provisions of Minnesota Statutes ±957, Sections 15.0411 to
15.0422 and other laws not inconsistent therewith now or
hereafter in force relating to hearings held under authority
of the cownisslon, so far as applicable, except as otherwise
provided. Notice of the bearing, stating that a petition
for creation of the proposed district has been filed and
describing the territory thereof, shall be given by tbe
secretary of tbe cownussion by publication for two successive
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508
weeks la a qualified newspaper published vltbin auch
territory, or, if tber? is DO such newspaper, by publication
in a qualified newspaper of general circulation in such
territory, also by posting for two weeks in each territorial!
unit of the proposed district, and by nailing a copy of the
notice to each signer of the petition at his address as
given therein. Begistratlon of mailed copies of the notice
shall not be required. Proof of the giving of the notice
shall be filed in the office of the secretary.
Subd. 5. After the bearing and upon the evidence i
t
received thereat the commission shall make findings of \
i
fact and conclusions determining whether or not the condi- \
i
tions requisite for the creation of a district exist in the !
i
territory described in the petition. If the commission j
finds that such conditions exist it may make an order
creating a district for the territory described in the pctitijcm
under the name proposed in the petition or such ether name,
including the words "sanitary district", as the commission
deems appropriate.
Subd. 6. If the commission after a bearing deter-
mines that the creation of a district in the territory
described in the petition is not warranted, it shall make an
order denying the petition. The secretary of the commission
shall give notice of such denial by nail to each signer of
the petition. No petition for the creation of a district
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509
consisting of th« save territory shall be entertained within I
• y«»r aft«r the date of such an order, but this shall not
preclude action on a petition for the creation of a district
•{•bracing part of such territory with or without other
territory,
Subd. 7* Notice of the making of every order of
the commission creating a sanitary district, referring to
the date of the order aud describing the territory of the
j
district, shall be given by the secretary in like manner as j
for notice of the hearing on the petition for creation of
the district.
Subd. 3. An appeal may be taken from an order of
the commission creating or dissolving a district, annexing
territory to or detaching territory from a district, or :
denying a petition for any such action, as now or hereafter
i
provided for appeals from other orders of the commission ;
I
except that the giving of notice of the order as provided in !
i
subdivision 7 shall be deemed notice thereof to all
interested parties, and the time for appeal by any party i
i
i
shall be limited to 30 days after completion of the mailing j
i
i
of copies of the order or after expiration of the prescribed '
period of posting or publication, whichever is latest. The
i
validity of the creation of a district shall not be other- j
wise questioned.
9ubd. 9. Upon expiration of the time for appeal
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510
from an order of the commission creating a district, or, in
case of an appeal, upon the taking affect of a final judge-
ment of a court of competent jurisdiction sustaining tbc
order, tho secretary of the commission shall deliver a
certified copy of the order to the secretary of state for
filing* Thereupon the creation of the district shall be
deemed complete, and it shall be conclusively presumed that
all requirements of law relating thereto have been complied
with. The secretary of the commission shall also transmit
a certified copy of the order for filing to the county
auditor of each county and the clerk or recorder of each
municipality and organized town wherein any part of the
territory of the district is situated and to the secretary
of the district board wheu elected.
Sec. 7. (ANNEXATION, DETACHMENT, AND DISSOLUTION.
Subdivision 1. An area adjacent to an existing district
may be annexed thereto upon a petition to the commission
stating the grounds therefor as hereinafter provided,
signed by an authorized officer or officers of the district
pursuant to a resolution of the board, also signed with
respect to the area proposed for annexation in like manner
as provided for a petition for creation of a district.
Except as otherwise provided, a proceeding for annexation
shall be governed by the provisions now or hereafter in
force relating to proceedings for the creation of districts,
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511
so far •• applicable. For the purpose of giving the re-
quired notices the territory involved shall comprise the
area proposed for annexation together with the entire
territory of the district. If the commission determines
that the requisite conditions exist in the area proposed
for annexation together with the territory of the district,
it way oake an order for annexation accordingly. All
taxable property within the annexed area shall be subject
to taxation for any existing bonded indebtedness or other
indebtedness of the district for the cost of acquisition,
construction, or improvement of any disposal system or other
works or facilities beneficial to the annexed area to such
extent as the commission nay determine to be just and
I
equitable, to be specified la the order for annexation. The !
proper officers shall levy further taxes on such property i
I
accordingly. ;
Subd. 2. An area within a district may be de-
tached tberefron upon a petition to the commission stating
the grounds therefor as hereinafter provided, signed by
an authorized officer or officers of the district pursuant
to a resolution of the board, also signed with respect to
the area proposed for detachment in like manner a a pro-
vided for a petition for creation of a district. Except
as otherwise provided, a proceeding for detachment shall be
governed by the provisions now or hereafter in force
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512
relating to proceedings for the creation of districts, so
far as applicable. For the purpose of giving the required
notices the territory involved shall comprise the entire
territory of the district* If the commission determines tha
the requisite conditions for inclusion in a district no
longer exist in the area proposed for detachment, it may
make an order for detachment accordingly. All taxable pro-
perty within the detached area shall remain subject to taxa-
tion for any existing bonded indebtedness of the district !
i
i
to such extent as it would have beon subject thereto if i
not detached, and shall also remain subject to taxation for
any other existing indebtedness of the district incurred for
any purpose beneficial to such area to sucb oxteut as the
commission may determine to be just and equitable, to be
specified in the order for detachment. The proper officers |
t
shall levy further taxes on such property accordingly. j
Subd. 3. Different areas may be annexed to and
detached from a district in a single proceeding upon a joint
petition therefor and upon compliance with the provisions of
subdivisions 1 and 2 with respect to the area affected so
far as applicable.
Subd. 4. A district may be dissolved upon a
petition to the commission stating the grounds for. dissolu-
tion as hereinafter provided, signed by an authorized officer
or officers of the district pursuant to a resolution of the
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513
board, and containing a proposal for distribution of the
lining fund* of tbs district, if any, among the related
governmental subdivisions. Except as otherwise provided,
a proceeding for dissolution shall be governed by the pro-
visions now or hereafter in force relating to proceedings
for the creation of districts, so far as applicable. If
the commission determines that the conditions requisite for
the creation of the district no longer exist therein, that
all indebtedness of the district has been paid, and that
all property of the district except funds has been disposed
of, it nay make an order dissolving the district and dir-
ecting the distribution of its remaining funds, if any,
among the related governmental subdivisions on such basis
as the commission determines to be just and equitable, to
be specified in the order. Certified copies of the order
for dissolution shall be transmitted and filed as provided
for an order creating a district. The secretary of the com-
mission shall also transmit a certified copy of the order
to the treasurer of the district, who shall thereupon dis-
tribute the remaining funds of the district as directed by
the order, and shall be responsible for such funds until so
distributed.
Sec. 8. (PETITIONERS TO PAY EXPENSES.) Expenses
of the preparation and submission of petitions in proceedings
under sections 5 to 7 shall be paid by the petitioners.
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514
Expenses of bearing* therein shall be paid out of any avail-
able funds appropriated for the commission.
Sec. 9. (BOARD OF MAMAGERS OF DISTRICT.) Sub-
division 1. The governing body of each district shall be
• board of nanagere of five members, who shall be voters
residing in the district, and who may but need not be
officers, members of governing bodies, or employees of the
related governmental subdivisions, except that where there
are more than five territorial units in a district there
shall be one board member for each unit.
!
Subd. 2. The terms of the first board members !
I
elected after creation of a district shall be so arranged ;
i
and determined by the electing body as to expire on the first
business day in January as follows:
(1) The terms of two members in the second
calendar year after the year in which they were elected;
(2) The terms of two other members in the third
calendar year after the year in which they were elected;
(3) The term of the remaining member in the fourth
calendar year after the year in which he was elected. In
i
case a board has more than five members the additional \
I
i
members shall be assigned to the groups hereinbefore pro-
vided for so as to equalize such groups as far as practicable.
Thereafter board members shall be elected successively for i
regular terms beginning on expiration of the preceding
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515
toma and expiring on the first business day in January of
the third calendar year thereafter. Each board member aha11
serve until bis successor is elected and has qualified.
9i)bd. 3. In a district baying only one territor-
ial unit ail tbe members of the board shall be elected by
the related governing body. In a district having more than
one territorial unit tbe members of the board shall be
elected by tbe members of tbe related governing bodies in
joint session except as otherwise provided. The electing
bodies concerned shall meet and elect tbe first board members
of a new district as soon as practicable after creation of
the district, and shall oeet and elect board members for i
I
succeeding regular terms as soon as practicable after j
November 1 next preceding the beginning of the terms to be
filled, respectively.
Subd. 4. Upon the creation of a district having
more than one territorial unit the commission, on the basis
of convenience for joint meeting purposes, shall designate
one of tbe related governing bodies as tbe central related
governing body in the order creating the district or in a
subsequent special order, of which tbe secretary of the
commission shall notify tbe clerks or recorders of all the
related governing bodies. Upon receipt of such notifica-
tion, the clerk or recorder of the central related governing
body shall immediately transmit tbe same to tbe presiding
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516
officer of such body, 9uoh officer shall thereupon call a
joint Meeting of the members of all the related governing
bodies to elect board members, to be held at such tine as he
•hall fix at the regular Meeting place of his governing body
i
or at such other place in the district as be shall determine4
i
At least ten days notice of the meeting shall be given by |
•ail by the clerk or recorder of such body to the clerks or '
recorders of all the other related governing bodies, who sba^l
immediately transmit such notice to ail the members of such
bodies, respectively. Subsequent Joint Meetings to elect
board members for regular terms shall be called and held in
like manner. The presiding officer and the clerk or recorder
of the central related governing body shall act respectively
as chairman and secretary of the Joint electing body at
any meeting thereof, but in case of the absence or disability^
of either of them such body may elect a temporary substitute.)
A majority of the members of each related governing body
shall be required for a quorum at any meeting of the joint
electing body.
8ubd. 5. nominations for board members may be
made by petitions, each signed by ten or more voters resi-
ding and owning land in the district, filed with the clerk,
recorder, or secretary of the electing body before the
election meeting. No person shall sign more than one
petition. The electing body shall give due consideration
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517
to all such nominations but shall not be limited thereto.
aubd. 6. la the case of an electing body coo-
aiating of a single related governing body, a majority vote
of all the members shall be required for an election. In
the case of a joint electing body, a majority vote of the
members present shall be required for an election. In case
of lack of n quorum or failure to elect, a meeting of an
electing body may b< adjourned to a stated time and place
without further notice.
Subd. 7. In any district having more than one
territorial uuit the related governing bodies, Instead of
meeting in joint session, may el<-?ct a board member by
resolutions adopted by all of them separately, concurring in
the election of the sats* yerson. A majority vote of all -
the members of each related gov rning body shall bo re-
quired for the adoption of any such resolution. The clerks
or recorders of the other related governing bodies shall
transmit certified copies of such resolutions to the clerk
or recorder of the central related governing body. Upon !
i
receipt of concurring resolutions from all the related j
i
governing bodies, the presiding officer and clerk or recorder!
of the central related governing body shall certify the
results and furnish certificates of election as provided
for a joint meeting.
Subd. 8. Any vacancy in the membership of a board
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518
•ball be filled for the uaexplred term ID like Matter as j
i
provided for tbo regular election of board members.
3nbd. 9. The presiding and recording officers of
tbe electing body •ball certify tbe results of each election
to tbe secretary of tbe commission, to too county auditor
of eacb county wherein any part of tbe district ia
situated, and to the clerk or recorder of eacb related
governing body, and shall make and transmit to eacb board
aomber elected a certificate of bis election. Upon electing
tbe first board members of a district, tbe presiding officer
of tbe electing body shall designate one of them to serve as
temporary chairman for tbe purposes of initial organization
of tbe board, and tbe recording officer of tbe body shall
include written notice thereof to nil the board members
witb their certificates of election.
3BC. 10. (ORGANIZATION AND PROCEDURE OF BOARD.)
Subdivision 1, As soon as practicable after tbe election
of tbe first board members of a district they shall meet
at tbe call of the temporary chairman to elect officers and
take other appropriate action for organization and adminis-
tration of tbe district. Each board shall hold a regular
annual meeting at the call of the chairman or otherwise as
it shall prescribe on or as soon as practicable after the
first business day in January of eacb year, and such other
regular and special meetings a a it shall prescribe.
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519
Subd. 2. The officers of each district •ball be
a. chairman and a vice-chairman, who shall be members of the
board, and a secretary and a treasurer, who may but need not
be members of tbe board. The board of a new district at
its initial meeting or as soon thereafter as practicable
shall elect tbe officers to serve until the first business
day in January next following. Thereafter the board shall
elect the officers at each regular annual Meeting for terns
expiring on the first business day in January next following,
Each officer shall serve until his successor is elected and
has qualified.
Subd. 3. The board at its initial meeting or as
soon thereafter as practicable shall provide for suitable
places for board meetings a ad for offices of tbe district
officers, and may change the aaroe thereafter as it deems
advisable. Such meeting place and offices may be the
sane as those of any related governing body, with the approval
of such body. The secretary of the board shall notify the
secretary of state, the secretary of the commission, the
county auditor of each county wherein any part of the
district is situated, and tbe clerk or recorder of each
related governing body of the locations and post office
addresses of such meeting place and offices and any changes
therein.
Subd. 4. At any tine before tbe proceeds of the
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520
first tax lsyy ta • district become available tbe district
mssrd may pffsfs** • Meet comprising an estimate of the
expenses of organizing and administering tbe district until
such proceeds are available, with a proposal for apportion-
sent of the estimated amount among the related governmental
subdivisions, and may request the governing bodies there-
of to advance funds in accordance with tbe proposal* Such
governing bodies nay authorize advancement of tbe requested
amounts, or such part thereof aa they respectively deem
proper, from any funds available in their respective \
t
treasuries. Tbe board shall include iu its first tax levy :
i
after receipt of any such advancements 3 sufficient sum to ,
cover the same and shall cause the same to be repaid, with- j
out interest, from the proceeds of taxes as soon as received.
Sec. 11. (STATUS AMD POWERS OP DISTRICT.) Sub-
division 1. Every district shall be a public corporation
and a governmental subdivision of the state, and shall be
deemed to be a municipality or municipal corporation for the
purpose of obtaining federal or state grants or loans or
otherwise complying with any provision of federal or state
law or for any other purpose relating to the powers and
purposes of tbe district for which such status is now or
hereafter required by law.
3ubd. 2. Every district shall have the powers and ;
purposes prescribed by sections 4 to 23 and such others as
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521
•ay now or hereafter be prescribed by law. Ho express
grant of power or enumeration of powers herein shall be
deemed to limit the generality or scope of any grant of
power.
Subd. >. Except as otherwise provided, a power orj
duty vested in or imposed upon a district or any of its
officers, agents, or employees shall not be deemed exclusive
and shall not supersede or abridge any power or duty vested
in or imposed upon any other agency of the state or any
governmental subdivision thereof, but shall be supplementary<
thereto.
dubd. 4. All the powers of a district shall be
exercised by its board of managers except so far as approval
of any fiction by popular vot^ or by any other authority may
be expressly required by law.
Subd. 5. A district may sue and be sued and may
enter into any contract necessary or proper for the exer-
cise of its powers or the accomplishment of its purposes.
Subd. 6. A district may acquire by purchase,
gift, or condemnation or may lease or rent any real or per-
sonal property within or without the district which may be
necessary for the exercise of its powers or the accomplish-
ment of its purposes, may hold such property for such purposejs,
and may lease or rent out or sell or otherwise dispose of
any such property so far as not needed for such purposes.
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522
Subd. 7. A district may accept gifts, grants, or
loans of voney or other property from the United States,
tbe state, or any person, corporation, or other entity for
district purposes, may enter into any agreement required
in connection therewith, and may hold, use, and dispose of
such money or property in accordance with the terms of the
gift, grant, loan, or agreement relating thereto.
See. 12. (SPECIFIC PURPOSES AND POWERS.)
Subdivision 1. A district may construct, install, improve,
maintain, and operate any system, works, or facilities with-
in or without the district required to control and prevent
pollution of any waters of the state within its territory.
Subd. 2. A district may construct, install,
improve, maintain, and operate any system, works, or
facilities within or without the district required to
provide for, regulate, and control tbe disposal of sewage,
industrial waste and other waste originating within its
territory. The district nay require any person upon whose
premises there is any source of sewage, industrial waste,
or other waste within the district to connect the same
with the disposal system, works, or facilities of tbe dis-
trict whenever reasonable opportunity therefor is provided.
Subd. 3. A district may construct, install,
improve, maintain, and operate any system, works, or
facilities within or without the district required to
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523
provide for, regulate, and control the disposal of garbage
or refuse originating within the district, and may require
any peraon upon whose previses any garbage or refuse is
produced or accumulated to dispose thereof tbrougb tbe f
I
system, works, or facilities of the district whenever reasonj
able opportunity therefor is provided. j
i
Subd. 4. A district nay procure supplies of water!
so far as necessary for any purpose under subdivisions 1,
2, and 3, and may construct, install, improve, maintain,
and operate any sisteta, works, or facilities required
therefor within or without the district.
Sec. 13. (DISTRICT PROJECTS AHD FACILITIES.)
Subdivision 1. For tbe purpose of constructing, improving,
maintaining, or operating any system, works, or facilities
designed or used for any purpose under section 12, a
district, its officers, agents, employees, and contractors
may enter, occupy, excavate, and otherwise operate it,
upon, under, through, or along any public highway, including
a state trunk highway, or any street, park, or other public !
grounds so far as necessary for such work, with the approval
of tbe governing body or other authority in charge of tbe
public property affected and on such terms as may be agreed
upon with such governing body or authority respecting inter-
ference with public uae, restoration of previous conditions,
compensation for damages, and other pertinent matters. If
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524
such aa agreement cannot be reached after reasonable oppor-
tunity therefor, the district may acquire the necessary
right*, easements, or other interests in such public
property by condemnation, subject to all applicable pro-
visions of law as in case of taking private property, upon
condition that the court shall determine that there is
parawount public necessity for such acquisition.
Subd. 2. A district may, upon such terns as may
be agreed upon with the respective governing bodies or
authorities concerned, provide for connecting with or using
or may lease or acquire and take over any system, works,
or facilities for any purpose under section 12 belonging
to any other governmental, subdivision or other public
agency.
Subd. 2. A district nay, upon such terms as nay
be agreed upon with the respective governing bodies or
authorities concerned, authorize the use by any other
governmental subdivision or other public agency of any
system, works, or facilities of the district constructed
for any purpose under section 12 so far as the capacity
thereof is sufficient beyond the needs of the district. A
district may extend any such system, works, or facilities
and permit the use thereof by persons outside the district,
so far as the capacity thereof is sufficient beyond the needs
of the district, upon such terms as the board may prescribe.
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525
Subd. 4. A district nay be a party to a joint
cooperative project, undertaking, or enterprise with any one
or more other governmental subdivisions or other public
agencies for any purpose under section 12 upon such terms as j
j
may be agreed upon between the governing bodies or authori-
ties concerned. Without limiting the effect of the fore- j
I
going provision or any other provisions of sections 4 to 23, j
]
a district, with respect to any of said purposes, may act ]
under and be subject to the provisions of Minnesota Statutes '
4
1957, Section 471.59, a» &<>* i& force or hereafter amended, ;
i
or any other appropriate law now in force or hereafter enacte!
i
providing for joint or cooperative action between govern-
mental subdivisions or other public agencies.
3ec. 14. (COHTRQL OF SANITARY FACILITIES.) A dis- |
i
trict may regulate and control the construction, maintenance, ;
i
and use of privies, cesspools, septic tanks, toilets, aud
other facilities and devices for the reception or disposal
of human or animal excreta or other domestic wastes within
its territory so far as necessary to prevent nuisances or
pollution or to protect the public health, safety, and wel-
fare, and may prohibit the use of any such facilities or
devices not connected with a district disposal system, works,
or facilities whenever reasonable opportunity for such
connection is provided; provided, that the authority of a
district under this section shall not extend or apply to the
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526 I
i
construction, maintenance, operation, or use by any person '
other than the district of any disposal system or part there-
of wit:In the district under and in accordance with a valid
and existing pernit heretofore or hereafter issued by the
commission.
Sec. 15 (DISTRICT PROGRAMS, SURVEYS, AMD STUDIES.)
A district nay develop general programs and particular
projects within the scope of its powers and purposes, and
nay nake all surveys, studies, and investigations necessary
therefor.
Sec. 16. (GENERAL AND VILLAGE POWERS.) A district
nay do and perform all other acts and things necessary or
proper for the effectuation of its powers and the accomplish-
nent of its purposes. Without limiting the effect of the
!
going provision or any other provision of sections 4 to 25, j
«
t
a district, with respect to each and all of said powers and
purposes, shall have like powers as are vested in villages
with respect to any similar purposes, and the exercise of
such powers ty a district and all matters pertaining there-
to shall be governed by the provisions of law relating to
the exercise of similar powers by villages and matters per-
i
t
taining thereto, so far as applicable, with like force and j
effect, except as otherwise provided. i
i
Sec. 17. (ADVISORY COMMITTEE.) Subdivision 1. The!
board may appoint an advisory committee with such membership
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527
and duties as it nay prescribe.
Sec. 18. (POWERS OF BOARD.) Subdivision 1. The
board of managera of every district shall have charge and
control of all funds, property, and affairs of the district.
With respect thereto, the board shall have like powers and
duties as are provided by law for a village council with
respect to similar village natters, except as otherwise
provided. Except as otherwise provided, the chairman,
vice-chairman, secretary, and treasurer of the district
shall have like powers and duties, respectively, as the major
acting mayor, clerk, and treasurer of a village. Except as
otherwise provided the exercise of the powers and the per-
formance of the duties of the board and officers of the
district and all other activities, transactions, and pro-
i
i
cedures of the district or any of its officers, agents, or I
employees, respectively, shall be governed by the provisions j
i
of law relating to similar matters in a village, so far as
applicable, with like force and effect.
Subd. 2. The board may enact ordinances, prescribe |
i
regulations, adopt resolutions, and take other appropriate
action relating to any natter within the powers and purposes
of the district, and may do and perform all other acts and
things necessary or proper for the effectuation of said
powers and the accomplishment of said purposes. The board
nay provide that violation of any ordinance shall be a penal
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528
offense and may prescribe penalties therefor, not exceeding
those prescribed by law for violation of village ordinances.
Subd. 3. Violations of district ordinances may
be prosecuted before any court or magistrate of any related
governmental subdivision having jurisdiction of misdemeanors,
and every such court or magistrate shall have Jurisdiction
of such violations. Any constable or other peace officer
of any such governmental subdivision may make arrests for
such violations committed anywhere within the district in
like manner and with like effect as for violations of !
village ordinances or for statutory misdemeanors. I
!
All fines collected in such cases shall be de- .
i
dospited in the treasury of the district. I
See. 19. (TAX LEVIES, ASSESSMENTS, AMD SERVICE j
1
CHARGES.) Subdivision 1. The board may levy taxes for any ;
district purpose on all property taxable within the district,!
i
subject only to the limitation that the tax levy for any
year for all purposes other than the payment of bonds and
interest thereon and expenses incident thereto shall not
exceed $10,000 or ten mills on the dollar of the assessed
value of all the property taxable within the district, which-
ever is greater, provided that no taxes levied under this
subdivision in any year shall exceed in amount $1.50 per
capita of the population of the district according to the
last state or federal census, if the amount proposed to be
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52$
levied in excess of such aBOHat, whoa added to the levy «ob~
jeot to the 1 in i tat ions of ltittfie»ota Statutes, Section 275.10
or Section 275.11,, of any of the municipalitie* within the
district, would cause such municipal levy to exceed the
limitations of such applicable section.
3ubd. 2, In the case whore a particular area with-
in the district, but not the entire district, is benefited
by a system, works, or facilities of the district, the
board, after holding a public hearing as provided by law
for levying assessments on benefited property, shall by
ordinance establish such area as a taxing subdistrlct, to i
be designated by number, and shall levy special taxes on all
the taxable property therein, to be accounted for separately
and used only for the purpose of paying the cost of construc-
tion, improvement, acquisition, maintenance, or operation
of such system, works, or facilities, or paying the principal
and interest on bonds issued to provide funds therefor and
expense incident thereto. Such hearing may be held
jointly with a bearing for the purpose of levying assessments]
i
on benefited property within the proposed taxing subdistrict.
Subd. "5* The board shall levy assessments on
benefited property to provide funds for payment of the cost
of construction, improvement, or acquisition of any system,
works, or facilities designed or used for any district
purpose, or for payment of the principal of and interest
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530
on any bonds issued therefor and expenses incident tbereto.
Subd. 4. The board aha11 prescribe service, use,
or rental charges for persons or premises connecting: with
or making use of any system, works, or facilities of the
district, prescribe the method of payment and collection of
such charges, and provide for the collection thereof for
the district by any related governmental subdivision or
other public agency on such terns aa may be agreed upon
with the governing body or other authority thereof.
Sec. 20. (BORROWING POWERS BONDS.) Subdivision
lu
The board may authorize the borrowing of money for any dis- \
i
trict purpose and provide for the repayment thereof, subject i
!
to Minnesota Statutes 1957, Chapter 475. The taxes initially!
levied by any district in accordance with Minnesota Statutes,
Section 475.61 for the payment of its bonds, upon property
within each municipality Included in the district, shall be
included in computing the limitations upon the levy of such
municipality under Minnesota Statutes, Section 275*10 or
Section 275.11, as the case may be. If the tax required by
section 475.61 to be levied for any year of the term of a
bond issue upon property within any municipality included
in the district would, when added to the taxes levied by
such municipality for all purposes in the year preceding
such issue, exceed the limitations prescribed in section
275.10 or section 275.11, the bonds shall not be issued
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531 j
without the consent by resolution of the governing body of
such municipality.
Subd. 2. The board may authorize the issuance of \
beads or obligations of the district to provide funds for
the construction, improvement, or acquisition of any system,
works, or facilities for any district purpose, or for re- |
*
funding any prior bonds or obligations issued for any such :
purpose, and may pledge the full faith and credit of the !
i
district or the proceeds of tax levies or assessments or j
service, use, or rental charges, or any combination there-
of, to the payment of such bonds or obligations and interest
tln.rt.on or expenses incident thereto. An election or vote i
of ttK people of the district shall be required to authorize <
th« issuance of any such bonds or obligations. Except as •
otherwise provided in aectioua 4 to 23, the forms and pro- ;
i
ctdures for issuing and selling bonds and provisions for
payment thereof shall comply with the provisions of
Minnesota statutes 1957, Chapter 475, as now in force or i
hereafter amended.
i
Sec. 21. (FUMD3: DISTRICT TREASURY.) The pro-
i
ceeds of all tax levies, assessments, service, use, or '
t
rental charges, and other income of the district shall be
deposited in the district treasury and shall be held and ;
disposed of as the board may direct for district purposes,
subject to any pledges or dedications made by the board for
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532
the use of particular funds for the payment of bonds or
interest thereon or expenses incident thereto or for other
specific purposes.
Sec. 22, (EFFECT OF DISTRICT ORDINANCES AND
FACILITIES.) In any case where an ordinace is enacted or
a regulation adopted by a district board relating to the sa»e
^ i
subject matter and applicable in the sane area as an existing
ordinance or regulation of a related governmental subdivision;
i
for the district, the district ordinance or regulation, to
the extent of its application, shall supersede the ordinance
or regulation of the related governmental subdivision. :
In any case where an area within a district is served for j
any district purpose by a systcw, works, or facilities of :
t
thi district, no system, works, or facilities shall be >
constructed, maintained, or operated for the same purpose !
in the same area by any related governmental subdivision or •
other public agency except as approved by the district
board. i
Sec. 2J5. The- provisions of this act shall not ,
abridge or supersede any provision of Minnesota Statutes i
(•
1957, Sections 144,371 to 144.579, or any authority of the [
state; water pollution control cotonission or the state
board of health, but shall be subject and supplementary >
thereto. Districts and members of district boards shall be '•
subject to the authority of the commission and shall have
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533:
uo pov;< r or authority to abate or control pollution which
is permitted by and la accord with any classification of
waters, standards of water quality, or permit established,
fixr.ci, or issued by the commission.
Reproduced by Minnesota Department of Health, January, 1962.
-------
EXHIBIT IV
STATE OF MINNESOTA
WATER POLLUTION CONTROL COMMISSION
AN ACT RELATING TO WATERCRAFT; PROVIDING FOR THE
*fiG«L,iTION OF MARINE TOILETS AHD THE DISPOSITION OF WASTES
FROM WATERCRAFT, (Minnesota Statutes 1961, Section }6l.29,
as amended by Chapter Ho. 213, Lavs of Minnesota, 1963)
Section 1. (MARIHE TOILETS.) Subdivision 1.
( 1} F,u* the purposes of this section the tern "wat ere raft"
has th. meaning given to it by Lavs 1959* Chapter 592,
^eotinu L, jubdivisiou 7» and acts amendatory thereof.
,,'..) \K, person owning or operating a watercraft or other
i:v:-,t*,u;t. conveyance upon the waters of the state of Minnesota
shall u.3C, operatf or permit the use or operation of any
ivn'iito toiiot ov other similar device for the disposition
of sevvii^f or other wastes, unless the marine toilet is
«quippod with a treatment device of a type acceptable to
the w«ter pollution control commission of the state of
Miaut^otn. No person shall discharge into the waters of
this itato, directly or indirectly from a wetercraft, any
uiitreated sewagr or other wastes, nor shall any container
of untreated sewage or other wastes be placed, left,
ciischar;jrd, or caused to be placed, left or discharged in
-------
535
or near any waters of this state from a watereraft in such
ma oner or quantity as to create a nuisance or health hazard
or pollution of such waters, by any person or persons at ;
any time whether or not the o\r.
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536
requirements of tbi* section.
Subd. 5. Tbe installation or presence of a
Marine toilet in a watercraft aba 11 be indicated by tbe
owner upon application for licencing of tbe watereraft
or Marine conveyance, and no license for any such water-
craft bearing a marine toilet shall be issued except upon
certification by tbe owner of tbe installation of an
acceptable treatment device for use with sucb marine toilet.
Subd. 6. A person wbo violates any provision of
this section is guilty of a Misdemeanor.
Sec. 2. Mot withstanding the provisions of any
other law to the contrary, Minnesota Statutes 1961,
Section ?6l.29 does not take effect until January 1. 1965.
Reproduced by Minnesota Department of Health, June ±963
» * «
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537
EXHIBIT V
B. P. Kb. 1825
Chapter No.
AN ACT 882
REQUIRING THE BOARD OF TRUSTEES OF THE
MINNEAPOLIS-ST. PAUL SANITARY DI,STRICT
TO ADOPT A COMPREHENSIVE PLAN FOR
CONSTRUCTION AND FINANCING OF FACILITIES
REQUIRED BY ENTIRE AREA SERVED OR TO 3E
5ERVED BY SUCH DISTRICT
BE IT ENACTED BY THE LEGISLATURE OF THE 3TATE OF MINNESOTA:
Section 1. Tht board of trustees of the
Minneapolis-3t. Paul sanitary district shall adopt a cowpre- ,
bensive plan which shall include plans prepared and approved
by the governing bodies of Minneapolis and St. Paul for the !
collection, treatment, and disposal of sewage for the
!
entire area likely to be served by the sewage treatment t
facilities of such district. The comprehensive plan shall |
I
i
include a plan of facilities required to serve the area, '
the proposed schedule of construction, the estimate of the
total coat of the construction. The cities providing the \
service shall propose a plan to finance the construction ;
i
and the proposed method of dividing the operating and !
i
construction cost-5 among the towns and municipalities I
i
affected, Including the formula to be used in determining i
-------
the cost to each affected town and municipality. The com-
prehensive plan need not include plans for sewer facilities
to be constructed and used exclusively by one municipality
within the area, but shall include plans for all other
necessary sewerage facilities and appurtenances. The
plan may be modified by the board of trustees from time to
time. The cost of preparing such comprehensive plan
shall be apportioned to the users of the system regardless
of location.
Sec. 2, On or before October 1, ±964, the
proposed comprehensive plan shall be submitted to the
water pollution control commission unless an extension of
time is granted by the water pollution control commission.
The water pollution control commission shall bold a public
hearing on the proposed comprehensive plan, including the
cities* proposed finance plans in accordance with the
provisions of Minnesota Statutes 196!, Sections 115.03
to 115.05 at which affected towns, municipalities and
persons may submit their views with respect to such plans.
On or before January 2, 1965, the water pollution
control commission shall issue a written report approving
or rejecting the proposed comprehensive plan or
recommending modification thereof. In the report, the water
pollution control commission shall state its reasons for
approving, rejecting or recommending modifications in the
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539
plan. If the water pollution control commission either
rejects the plan or recommends modification thereof, the
board of trustees of the Minneapolis-St. Paul sanitary
district shall modify and resubmlt the proposed compre-
hensive plan to the water pollution control commission
within such time as the water pollution control commission
say require.
Sec. 3. The board of trustees of the Minueapolis-
3t« Paul sanitary district shall submit a copy of its
proposed comprehensive plan, as defined in section 1 of
this act, to the Twin Cities metropolitan planning commission
on the same date such plan is submitted to the water pollu-
tion control commission.
Sec. 4, Nothing iu this act shall be interpreted
as imposing upon the Minneapolis-St. Paul sanitary district
the responsibility for financing sewage disposal outside
the limits of its present boundaries.
Sec. 5* Nothing in this act shall deter or
abrogate negotiations between municipalities relating to
sewage disposal facilities already undertaken or stop now
negotiations between municipalities relating to sewage
disposal facilities during the preparation of the plan to
be adopted by th< Minneapolis-St. Paul sanitary district
or otherwise affect planning and construction as is being
or may be accomplished by any municipality or other authority,
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540
Sec. 6. Tbis tot ate11 become effective when
approved by a revolution adopted by t Majority of the wenbers
of the board of trustees of the Minneapolis-3t. Paul sani-
tary district and upon oovplianee with Minnesota Statutes,
Section 645.021.
* «
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5*1
EXHIBIT VI
JOINT RESOLUTION
MINNESOTA WATER POLLUTION CONTROL COMMISSION
AND
WISCONSIN COMMITTEE ON WATER POLLUTION
WHEREAS, the Mississippi River is an interstate stream
bounding the States of Minnesota and Wisconsin and pollu-
tion thereof originating in one state may adversely affect
j
public health and public rights in the adjoining state, thus
creating problems of common interest and requiring correction
by said states; and
WHEREAS, sewage and industrial wastes now discharged into ;
!
the river and its tributaries does or is likely to create j
j
a nuisance or render such waters harmful or detrimental j
or injurious to public health, safety or welfare, or to
domestic, commercial, industrial agricultural, recreational, j
i
or other legitimate u?c3, or to livestock, wild aninals, i
j
birds, fish or other aquatic life; and I
WHEREA3, protection of public health and preservation of
public rights demand that said watera shall be mode suitable
for all normal legitimate uses; now, therefore, be it
-------
RE SOLVED, that tbt *iut>««rt* l»f«&r Pollution Control
Comiflsion and ffisuxmaiu C&wesAit©*; on liter Poll ut ton, each
does hereby agree to r»qo *,?<-> the correction of e3cl»tiog
and prevention of additional pollution within th* boundaries
of its state to t«< ••••n4 that said waters may be- maintained
or rendered suitab?*- for all purposes heretofore deflfifd
and that in the :;*-..; ..-H** of th<'Sit otajoetivi-s. the guiding
policy shall be tt<- -• t,n»re«ient that facliitlos for treat-
ment of sewage and f«:*r iatiu-ifcrJal wt?«tc^s shall provide at
least effective «««:ditat r.talKnn ^r e^ulvaimt ,, substantially
complete' removal of fl«atiti,*, solids or liquids, and reduc-
tion of toacic raati't'lttlfd to f •:*<•* item l:-tsi.-i.1 limits for
aquatic life, with ta«- ••--! .? •- V; . U-iif tbnt •:« rid.it loan 1 or
special type treatment bo required iu thos^- ar^as whe re-
water O3i-.-s so dictate , .-,ti>J fo« .it fi?r'f!«if
ED, that adoption of t-Ms r-solutioa by the water
pollution control agency of each state shall be evidenced
by tho signature of ite x^cutiv* officer.
Dated this 11 day of Au,^yBt,
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543
EXHIBIT VII
MINNESOTA RIVER
i
January 11, 1950 Commission Action i
Dr. West moved that the following program of
sewage works planning and construction be adopted as a j
i
general policy of the Commission, to be applied to those
Municipalities on the Minnesota River from above Mankato j
1
to its Junction with the Mississippi River at Mendota: ;
j
i
1. Provision should be made for at least \
i
i
primary or tank treatment and chlorination '
for the municipal sewage and equivalent I
treatment for industrial wastes. j
2. Installation of secondary or further treat-
ment facilities should bo made as rapidly as
possible thereafter in order to meet local
requirements for the abatement of sewage
pollution.
Motion seconded by Mr. Scott. Carried.
WPC #600
* * *
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544
EXHIBIT VIII
STATE OF MINNESOTA
MINNESOTA HATER POLLUTION CONTROL COMMISSION
POLICY REGARDING THE MINNESOTA RIVER AND MINOR TRIBUTARIES
OF THE MISSISSIPPI RIVER IN THE TWIN CITIES METROPOLITAN AREA
M made by Mr. O. Wilson, S by Dr. Barr, and C, that
the Minneapolis-St. Paul Sanitary District be informed of
the following:
That creeks tributary to those zones of the
Mississippi River which have been classified and where
standards have been adopted by tht Commission art; governed
by auch standards. With respect to the Minnesota River,
pending the classification and adoption of standards for
the lower section of the river, it is the present attitude
of the Commission, though not adopted as a binding commit-
ment, that it will not issue permits for permanent treat-
ment facilities with discharge to the river below the City
of Shakopce.
July 25, 1963 Commission action
* * #
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EXHIBIT IX
MINNESOTA WATER POLLUTION CONTROL COMMISSION
ST. CROIX RIVER
STATEMENT OF POLICY
Present and future uses of the 3t. Croix River
and the necessity for preservation of this river were
discussed.
M. made by Dr. Barr, S by Mr. D. Wilson, and C,
that the following be adopted as a general policy of the
Commission to be applied to the municipalities on the
St. Croix River:
1. Provision should be made "or both primary
and secondary treatment, with chlorination,
for all new sanitary sewage discharges.
Equivalent treatment should be provided for
industrial wastes.
2. Where a lesser degree of treatment is now
provided, additional treatment facilities
should be constructed as rapidly as is feasible
April 18, 1965 Commission action
* * *
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5*6
EXBZBXT X
STATE Of MMM190TA
VATS1 POUOTHBt CQffTBOL COMMISSION
Statement of Policy
on
Stream Flow Augmentation
Plow regulation may bare a marked effect upon
low flows and must, therefore, be givea due consideration
by the Commission in adoption of stream classifications,
standards, degree of treatment requirements for control
of sewage and industrial wastes, and other matters relating
to control of pollution. The establishment of a regulated
minimum discharge say be* of vital economic importance to
a number of municipalities and industries, and particularly
those in the Twin Cities Metropolitan Area.
It is the sense of the Commission that allowance
should not be made in the design of treatment works for
possible low flow augmentation which may be provided in
the future unless such flow augmentation or minimum flow
to be provided is dependable under applicable laws and
regulations.
The Commission believes that flow augmentation
should not be used at any time as a substitute for operation
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547
of sewage or industrial waste treatment works at maximum
capability, or for other methods of controlling wastes at
the source, but should, instead, be a supplement to the
best operation of such treatment works in order to provide
higher water quality than could otherwise be obtained.
Low flow augmentation may, however, become an economic
necessity for avoidance of gross pollution conditions during
critical periods in the densely populated or highly indus-
trialized areas of the state, as the maximum degree of
treatment of which conventional treatment works are capable
is approached in the future*
Adopted by the Commission on December 21, ±962.
* *
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sun off
IATIR POLUDTION oomoi. COBZSSXOB
RESGUJTHMI OR ciAssmomoR <* THB
MISSISSIPPI BITER AMD TSIBQTARIE3 BXTVEEM
THE RDM RITER AID THE ST. CSOIX RIVER AMD
(V 3X&SMSDS THEREFOR
Be it resolved by the Ifeter Pollution Control
CoBQission of the State of ffiioneaota as hereinafter set
forth, to-wlt:
Proa the ohalrvao'e report aud other files and
records of the Comieoioo it Appeared and the Coamiaaion
finds that pursuant to autborimtion by the Connlaaion and
upon due notice given as provided by law, a public hearing
was held by the Goamiasion, concurrently with the State
Board of Health, on the 28th day of Hay, 1962, at 10:00 a.m.
in the State Office Building in the City of St. Paul, Ramsey
County, Minnesota, for the purpose of investigating,
considering and acting upon tike classification of that
portion of the Mississippi River and its tributaries between
the mouth of the Map River sad toe St. Croix River, the
establishment of standards tberofor, and the adoption of
regulations relating thereto.
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I
The hearing was conducted and presided over by I
II. II. Hargraves, Chairman of the Commission, at all
sessions thereof. Other members of the Commission including
G. C. 3cott, Vice Chairman; R. N. Barr, Secretary; j
J. G. Flint, Clarence Prout, R. C. Tuveson, and D. A. Wilson,;
respectively, were present at various sessions of the hearing!
and participated therein. The ftate Board of Health was |
1
represented in conducting its concurrent hearing by j
i
H. M. Bosch, Vice President; H. N. 3arr, Secretary and j
I
Executive Officer, snd Katharine Densford Dreves, members '
of said Board.
Chester 5, Wilson, Special Assistant Attorney
General, appeared is counsel for th< Commission, which j
was also represented by Lyl« H. Smith, -xecutive Engineer.
Jack L. Chestnut, Special Assistant Attorney -jeueral,
appeared as counsel for the Jtate Goard of Health.
Interested parties appeared as follows:
The Minneapolis-3t. Paul Sanitary District by Its attorney
D. D. Wozniak; the Worth Suburban Sanitary Sewer District
by its attorney, Arvid N. Fa Ik; the City of It. Paul by
its attorney, Donald L. Lais; tho City of South 3t, Paul
by its attorney, Roger Miller; and the Northern States
Power Company by its attorney, A, R. Renquist,
Representatives of the United States Public
Health tervice, the U, 3. Corps of Engineers, the
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550
U. S. Geological Surrey, the Wisconsin Committee on Utter
Pollution, the Minnesota Department of Health, the
Minnesota Department of Conservation, the Port Authority of
St. Paul, and various Municipalities, counties, towns,
industries, and organizations, also a number of private
individuals attended the bearing, and some of then presented
evidence or submitted stateaents for the consideration of
the Commission.
3eid hearing was continued, through successive
adjournments, on June 12, 1962, at the sane place, and
on June 13, July 19 and 20, and September 20, 21, and 22,
1962, in the Veterans Service Building in said City of
St. Paul. Presentation of evidence was closed on September
22 and the hearing was adjourned, subject to additional
tine granted for the submission of briefs and final argu-
ments by interested parties.
At a meeting of the Commission on October 25, 1962,;
!
the Chairman submitted his report of said bearing, together j
with the transcript of the evidence given and other
proceedings had thereat, the exhibits and statements
received thereat, and the briefs and arguments thereafter
submitted by interested parties.
Thereupon, after due consideration thereof, the
Commission makes the following findings of fact:
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551 i
FINDINGS OF FACT |
I
ZONES OF THE RIVER !
The portion of the Mississippi River in the
State of Minnesota involved in this hearing extends from
the mouth of the Run River to the mouth of the St. Croix
River aad is divided into three zones as hereinafter set
forth.
Zone 1 extends from the mouth of the Rum River
downstream to the upper lock and dam at St. Anthony Falls
in the City of Minneapolis, being approximately the north-
easterly extension of Fifth Avonuc South in said city.
Zone 2 extends from the lower end of Zone 1 as
above described to the outfall of the existing Minneapolis-
St. Paul Sanitary District sewage treatment plant in the
City of St. Paul, being at approximately the eastward
extension of Baker Street liast iu *aid City of 3t. Paul.
Zone 3 extends from the lower end of Zone 2 as
hereinbefore described to the mouth of the St. Croix River.
DISTANCES BETWEEN SIGNIFICANT POINTS
i
I
The approximate distances between significant ;
i
points in said zones of the river, measured approximately ]
along the center of the main channel, beginning at the head i
of Zone 1 and going downstream, are as hereinafter set forth.
Zone 1
Prom the mouth of the Rum River in the City of
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552
Anoka to the Coon tapids Da*, 5.2 miles;
Fron said dam to the intake of the municipal
water supply system for the City of St. Paul, 3.2 miles;
From said St. Paul intake to the upper intake of
the municipal water supply system of the City of Minneapolis,
designated as No. 5» ^-^ miles.
From said last described intake to the emergency
intake of said Minneapolis system designated as No. 4,
5,450 feet or 0.6 miles;
\
From said last described intake to the Camden
Bridge, 650 feet or 0.1 miles;
From aaid Catnden Bridge to the Soo Line Bridge,
1,250 feet or 0.2 miles;
From said 3oo Line Bridge to the Riverside plant
of the Northern States Power Co., 4,6^0 foot or 0.9 miles;
From said plant to the upper lock and data at
St. Anthony Falls, 14,970 feet or 2.8 miles;
Total length of Zone 1, 17.4 miles.
Zone 2
From said upper lock and dam to the lower lock and
dam at St. Anthony Falls, 2,700 feet or 0.5 miles;
From said lower lock and dam to the Fort Dam,
5.7 miles;
From said Ford Dam to the upper outlet of the
Minnesota River, 2.6 miles;
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553
From wild river outlet to the outfall of the
Minneapolis-St. Paul Sanitary District sewage treatment
plant, 8*8 miles;
Total length of Zone 2, 17.6 miles.
Zone 3
From said outfall of the Minneapolis-St. Paul
Sanitary District sewage treatment plant to the outfall of
the south St. Paul sewage treatment plant, 3*5 miles.
From said South St. Paul outfall to the Hastings
Dam, 17.2 miles; :
From said Hastings Dan to the mouth of the
i
St. Croix River, 4.0 miles; |
Total length of Zone 3, 24.7 miles. ;
i
FLOW CHARACTER! STIC 3 \
The principal characteristics of the flow of said :
zones of the Mississippi River are as hereinafter set forth. ;
t
!
Zone 1 !
Flow data for Zone 1 are based on observations J
made at a gauging station maintained by the U. S. Geological '
i
Survey lA miles downstream from the Coon Rapids Dam since i
I
1931. !
The average flow during the period from ±931
to 1959 was 6,903 cubic feet per second (abbreviated c.f.s.)
The lowest flow observed at any instant of time
was 586 c.f.s. on September ±3, 1934.
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554
The lowest daily average flow (for a period of
24 hours) was 602 c.f.e. on October 10, 1934. On the basis
of the entire period of record it has been determined that
a flow of not more than 900 c.f.a. nay be expected to
continue as long aa one month at a time, and that a flow
of not acre than 800 c.f.s. nay be expected to continue
as long as 16 days at a tine.
Zone 2
Flow data for Zone 2 are based on observations
made at a gauging station maintained by the U. S. Geological
Survey near the Robert Street Bridge in the City of St. Paul,
as recorded from 1894-1897 and from 1900 to 1959. The
flow at this point is considerably greater than the flow
!
in Zone 1 by reason of the addition of the flow of the '
Minnesota River, There- are also some smaller tributaries, :
but they do not add substantially to the flow in the Gain
river. }
i
j
The lowest daily average flow for Zone 2 was j
632 c.f.s. at about the same time in ±934 as the lowest
i
daily average flow in Zone 1. ,
The average flow in Zone 2 for the entire period ;
(
of record was 9,8j52 c.f.s. ;
On the basis of these records, it has been deter- j
mined that a flow of not more than 1,200 c.f.s. may be j
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555
expected to continue a a long as one month at a ti»e and
that a flow of not more than 1,000 c.f.s. may be expected
to continue as long as 16 days at a tine.
No gauging station has been maintained in Zone ^
Since no substantial tributaries enter the river between
the Robert Street gauging station in Zone 2 and the upper
outlet of tht Vermilion River below the Hastings Dam near
the lower end of Zone 3, the natural flow through the main
portion of Zone 3 would bo approximately the same as in
Zone 2. This natural flow in Zone 3 is augmented by the
discharge from the Minneapolis-St. Paul Sanitary District
sewage treatment plant at the. upper '-nd of Zone 3» which
averages 250 c.f.s,, so that the total flow in the main
portion of Zone 3 averages approximately 250 c.f.s. more
than the flow in Zone 2.
TRIBUTARIES
Tributaries in the zones of the Mississippi River
herein involved are as follows, listed in order from upstream
down.
Mm Creek, entering from the right (facing down-
stream) in thr Village of Champlin about 0.2 miles below
the mouth of the Rum River at Anoka;
Coon creek, entering from the left about 1 mile
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556
below the Coo a Rapids DRB;
Rico Creek, entering from tbc left about 0.8
•ile below the St. Paul water intake.
Shingle Creek, entering froo the right about
0.7 mile below the Minneapolis water intake Ho. 5.
Bassett's Creek, entering from the right about 1.0
mile above the upper lock and dam at St. Anthony mis.
Miunebaha Crock, entering from the right about G
mile b^low the Ford Dan;
Minnesota River (upper outlet) entering from the
right about 2.6 miles below the Ford Data; (lower outlet),
entering from the right about 4.0 pjiles below the Ford Dam.
7c roil ion River, upper outlet, entering from the
right about 2 miles below the Hastings Data and about 2
miles above the lower end of Zone 2 at the mouth of the
Croix River.
; accept for the Minnesota River, none of the above
natatd tributaries has a sufficient sustained flow to affect
substantially tbc volume of flow in the main river.
U3L:5 OP THE RIVKR
The principal present and potential future uses
of tbc Mississippi River in the zones heroin involved arc.
aa hereinafter set forth,
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557 !
Zone 1
The principal use of the river in Zone 1 now
and in the foreseeable future will be as the main source of
water supply for most of the population and many industries
of the Twin Cities Metropolitan area, including the cities
of Minneapolis and St. Paul and many of their suburbs.
The major part of the municipal water supply of
the City of St. Paul and connecting suburbs is taken from
the river, augmented by such additional water as may enter
from local sources through the lak
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558
There !• substantial use of the river in Zone 1
for pleasure boating, fishing, and related recreational j
activities. The river in this zone supports a fair popu-
lation of game fish such as small south bass, blue gills, I
and walleyed pike.
Above the industrial sections of the City of
Minneapolis the shores of the river in Zone i. have substantial
scenic and esthetic values, and provide suitable sites for
summer hones or permanent residences and for public parks
or other recreational purposes.
Some of the tributaries entering the river in
Zone 1 have similar values and possible uses for residential
or recreational purposes.
There is no commercial navigation in Aonv 1 at
present. The 3t. Anthony Fails lock and daw project now
under construction by the Federal government is expected
to be completed in 1963, Thereupon Zone; 1 will be open :
to comae re la 1 navigation above the dam up to the bead of
the navigation channel at the Soo Lino Bridge. Such use
will be made principally by snail tow boats propelling
detached barges through the looks and into the upper harbor,
but not by large river tow boats or barge combinations.
The us* of the locks after completion will also
be open to pleasure boots without charge, resulting in a
substantial increase in pleasure boating and related
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559
activities in Zone 1.
After the government looks go into operation in
±963, a maximum flow of 350 c.f.s. will be required for
operation when necessary for passage of watercraft. Such
i
i
use will not be continuous. The lock gates will be closed, ,
i
with no water passing through, between lockages. j
SBid requirement for operation of the locks in j
i
addition to the aforesaid requirement for municipal water j
i
supplies may in the foreseeable future exceed the total J
i
flow of the river at low stages. How thi available flow j
will be apportioned among such uses in that event has
i
i
i
not been dt-terwined under applicable laws or regulations. |
The water isi the lower portion of tkmc 1, to the |
extent hereinafter set forth, is controlled by the main j
i
upper data at St. Anthony Falls, maintained by the Northern I
i
States Power Company for the production of hydro-electric j
*
i
power at two plants connected with aaid dam. Further use- !
i
of said water, after it passes said dam, is made by said !
i
Company for hydro-electric power production at a plant ;
i
connected with the lower dam at St. Anthony Falls in Zone 2. i
!
3aid upper dam is equipped with flashbroads to |
i
raise the top of the dam 2.4 feet above the fixed crest. j
I
i
Said flashboards may be lowered to discharge water from j
i
the pool above said dam when necessary under emergency i
Conditions.
-------
Under ordinary conditions the level of the wat*r
in the pool above said dam is maintained as close as prac-
ticable to the top of the flashboards in order to have as
high a head of water as possible for hydro-electric power
production. At times the watt r in the pool is drawn below
ihe top of the flashboards when necessary for hydro-
electric power production, operation of tht locks, or
other reasons.
The slack water pool, wherein tht flow of the
water is wore or less affected and checked by said upper
dan, extends under ordinary flow conditions from said dam
up river to a point near the 42nd Aveau- (Caraden) Bridge.
The* power plants us-. v/i»nt»..ver water is available
*v «.' ^t,i;-iJl amounts u-'» to a »aa;ti,.jiui, ~lo'w oi uuout -^,5^
c.f.s. Any flow in excass of that amount, so far as not
passed through the government locks, passes over the dams.
There- have been times and may be further times
when both power plants on the upper dam are shut down under
emergency conditions and when no water s?oes through or over
the upper daw except a small amount of Itv-kagi through the
dam. Such leakage has not been precisely measured, but is
estimated to be less than the minimum average flow of
602 rv.?.s. In case both power plants were closed and the
lock gatos wore also closed at a time when tht pool level
was below tiuc top of the flasbboards, the movement of water
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561
in the pool above the dam would bt> checked, except for the
leekage through the dan and except for water entering the
i
pool from above, until the water rose to tht- top of the !
i
flashboards and passed ov< r tht dam.
Zone 2
The river banks in the upper part of Zoo? 2, ]
passing through tht central business and industrial arc,a
of the City of Minneapolis, a art in the lower part of said ;
i
zone, passing through the central business and industrial I
area of the City of St. Paul, are mostly occupied by
commercial and industrial establishments, boat landing
facilities, a&cl other artificial developments. Between
these areas, tht rivt r banks in said KOB<~ ar* bordered by
public park\?ays or otht r public grounds. The river is
accessible to the public at various points through iione 2.
!
Zouo 2 is •. xtf-'usivcly us« d for eomnH-rcial navi^a-- !
1
tion up as far as the present Minneapolis Barge terminal, ;
i
and such use is expected to increase after the government ;
locks at 3t. Anthony Falls go into operation in 1963.
i
Zone 2 is us
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562
species and sometimes arc not edible.
The water in Zone 2 is not now suitable as a
source of drinking water or for bathing, swimming, or other
activities involving close or prolonged contact with the
water, or for high-quality industrial process water. It
is suitable for general industrial processing, cooling,
condensing, and other purposes not requiring high-quality
water.
Zone j>
The river banks in £on« ,3 are occupied chiefly by
industrial establishments and other artificial developments
in and nrouud the portions of the City of St. Paul included
in said zone, the City of South St. Paul, the /illagcs of
Newport, St. Paul Park, and the City of Hastings. Selow
the municipalities near St. Paul there are some industrial
establishments, residences, and other artificial develop-
ments at various points along the river banks, with un-
developed areas between and down to Bastings.
Zone 3 is extensively used for commercial naviga-
tion and pleasure boating, including some local traffic and
heavy traffic passing through said zone to points up or
down stream. Such through traffic is expected to increase
after th© government locks at 3t. Anthony Falls go into
operation in 1965.
3y reason of the presence in the wnter of the
-------
563
effluents from the Minneapolis St. Paul Sanitary District
sewage treatment plant and fron tb« South St. Paul sowage
treatment plant, together with wests effluents from indus-
tries or other sources, the water in Zone 3 is not suitable
as a source of drinking water or high-quality industrial
process water, for use by small watercraft for recreation or
other purposes, or for bathing, swimming, fishing, or other
activities involving close or prolonged contact with the
water. It is suitable for some lower industrial uses and
for disposal of treated sewage and waste effluents.
7,on< j3 affords substantial opportunities for
esthetic enjoyment of picturesque river scenery in the
stretches not occupied by industries or oth*;r artificial
developments.
WAT .R QUALITY AND POLLUTION CONDITION
The water quality and pollution conditions in the
portions of the Mississippi Hiver herein involved are as
hereinafter set forth.
Zone 1
The effluent frota the sewage treatment plant
serving the City of Anoka and the Anoka State Hospital is
discharged into the river just above the upper end of Zon< 1.
Thero is no other feasible moans for disposal of such
effluent. Notwithstanding the treatment to which it has
been subjected, such effluent contains certain substances
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564
and orgoniana which lower the quality of the receiving
waters and nay cause hazards to public health therein.
Polluted waters are discharged Into Zone 1 from
various sources along the tributaries entering that zone,
from sewers in the City of Minneapolis, and from other local
sources along the banks of said zone. The total volume of
such discharges has not been precisely measured, but is
estimated to be small most of the time compared with the
flow of the river. It is feasible, by the exorcise of public
authority, to prevent, abate, and control all such discharges
so as to eliminate any material pollution or health hazards
resulting therefrom iu the waters of Zone 1.
It is feasible by thf cscurcisc of public authority
to prevent, abate, and control all discharges of pollutants
that might result in connection with commercial navigation
or pleasure boating in 2one 1 so as to prc-veut any material
health hazards or lowering of the water quality in said zone.
There is a serious problem of sewage disposal in
the communities comprising the North Suburban Sanitary Sewer
District situated north of the City of Minneapolis and
mostly on the cast side: of Zone 1 of the Mississippi
River. Most of said communities now have no sewers or have
only partial systems. Pollution from overloaded and over-
flowing septic tanks and other local domestic sewage
disposal facilities causes serious local nuisance conditions
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565
and public health hazards, and son* of said pollution is
occasionally carried into aaid Zone 1 of the river by run-
off of surface water at tinea of heavy rainfall. There is
I
urgent need for an adequate sewage and waste disposal
system for the communities in said district in order to
eliminate the conditions aforesaid. '
The population of said district was 57,5^7 in ±960.
It is expected to be approximately So thousand by the year |
|
±980, and will increase further thereafter. It is estimated j
that the sewage from a population of 80,000 would amount to '
8 million gallons per day. '
There are alternative methods for disposal of the
sewage from said district.
One alternative method, hereinafter called method i
would be to dispose of said sewage through the existing ;
i
sewage treatment plant of the Minneapolis-St. Paul Sanitary •
!
I
District, to which sewage from said North Suburban Sanitary !
Sewer District would be carried through a sewer main to
be constructed connecting with intervening sewers of
Minneapolis and said Minneapolis-St. Paul Sanitary District
leading to said plant. Said method 1 would be feasible.
Another alternative method, hereinafter called
method 2, would be to dispose of the sewage from snid
North Suburban Simitary Sewer District through a sewage
treatment plant to be constructed near said Zone 1 of the
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566
Mississippi River, discharging the effluent therefrom into
•aid zone of the river. Staid method would be feasible.
Said North Suburban sanitary Sewer District has proposed to
construct such a plant and to provide for the discharge of
the effluent therefrom into said Zone of the River at or
near the Soo Line Bridge.
Purification of the water drawn froo the Mississippi;
River by said City of Minneapolis for its water supply is
necessary in order to make the water potable and safe against
transmission of water-borne diseases. Said City maintains
and operates a main plant for such purification near said
intake JCo. 5» a»d has other auxiliary facilities which can
be used for such purification by drawing water from the
river through said intake No. 4, in case said main plant or
intake should be disabled.
To ensure tnaxirauw potability and safety of the
water supply for said City of Minneapolis, it is desirable
to maintain the raw water in the river at the points of
intake so as to not exceed the recommended U. 3. Public
Health Service raw water requirements for group IV, as
dufincd in Public Health Bulletin No. 296, Manual of
Recommended Water Sanitation Practice, 1946, so that after
Class IV treatment as specified in said manual the water
will meet the requirements for drinking water as specified
in U. S. Public Health Service Drinking Water Standards,
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567'
±962. Through the measures hereinbefore described for
prevention, control, and abatement of pollution from existing
i
sources, it is feasible to maintain the raw water in said
Zone 1 of the Mississippi River where said Minneapolis water
intakes are located so as to meet said requirements.
iffluent from any additional sewage treatment
plant, even after the highest feasible degree of treatment,
would contain substances and disease-producing organisms,
which, if discharged so as to dix with water taken for
water supply purposes, would lower th* quality of such
water, uos-sibly below the aforesaid Public Health Service
requirements, and would require a higher degree of purifi-
cation thereof to make the water potable and safe against
disease hazards. If raw (untreated) sewage were so dis-
charged the disease hazards would be greater and the water
purification requirepeats would be higher tlwn iu the cast
of discharge of treated sewage offluent.
Sewage treatment plants and water purification
plants, such as the aforesaid sewage treatment plant proposed
by said North Suburban Sanitary Sewer District aud the
Minneapolis water purification plant, involved the operation
of complicated mechanical and chemical apparatus, facilities,
and processes. Such plants are subject to partial or
complete failure through negligence of operating personnel,
accident, or other cause and are also subject to partial or
-------
568
complete destruction by explosion or other disaster. One
such failure occurred through negligence of personnel in the
Minneapolis water purification plant about the year 1955,
resulting in a number of cases of typhoid fever transmitted
by improperly treated water from the Mississippi River which
passed through said plant.
In case of any such partial failure of a sewage
treatment plant, such as the proposed North Suburban
Snnitary 3ewer District plant, the effluent therefrom
would be discharged into the river without sufficient treat-
ment and the effects of such effluent discharge in lowering
the water quality and in causing disease, hazards would be
increased accordingly. In cases of complete failure or
destruction of such plant or essential features thereof,
all of the raw sewage from the area served thereby would
have to be by-passed at tb« plant without treatment and
discharged into the river, or if not so by-passed, would
find its way into the river through any available outlets
on the sewer system, until the plant was repaired or rebuilt
and again placed in operation. It would bo impossible in
such caaos to cut off the flow of sewage into the sewer
sysetm from the residences, schools, places of business, and
other establishments in the areas connected therewith. Such
discharge of raw sewage into the river would lower the
quality of the water and cause disease hazards therein
-------
569
to an extent ouch greater than that which would be caused
by the discharge of treated effluent.
It is possible under conditions of low river flow
and south or southeast winds, such as have occurred and may
occur again, for sewage treatment plant effluent, raw sewage, j
or any other liquid discharged into the river at or near the J
i
location of the proposed North Suburban sewage treatment |
plant outfall or elsewhere- in the pool above the upper
St. Anthony Falls Dam to be carried through said pool up
to either of the aforesaid Minneapolis water supply intakes, :
thereby causing lowering of the water quality and incrcns< <
of disease hazards as aforesaid in the water drawn in through!
i
said intakes. ;
!
In order to reduce such lowering of water quality i
i
(
and disease hazards as far as possible, it is a principle and!
practice of good public health engineering not to
any sewage, industrial wastes, or other wastes, or effluents !
i
1
from treatment thereof, to be discharged into any waters !
serving as the source of public water supply so that any :
i
i
such discharge could reach any public water supply intake •
i
i
if any other means for proper disposal of such sewage, wastes),
or effluents is available.
Polluted waters are discharged into Zone 2 from
various sources along the tributaries entering that zone,
-------
570
from existing sewers in tbc Cities of Minneapolis and
St. Paul, and from other local sources. The total volume
of such discharges generally is small compared with tbc flow
of the Mississippi River. It is feasible by the exercise
of public authority to control and reduce such discharges
substantially so as to eliminate all major sources of
pollution in said aone, but it is not feasible completely
to pr- v< nt or eliminate all minor sources of pollution iu
the heavily built-up portions of the Cities of Minneapolis
and 3t. Paul in said zone. Such pollution causes lowering
of the water quality and increase of disease hazards in the
river water in
-------
571
which Mid Zone 2 of the river night be accessible by carry-
ing the same to and treating the same at said Minneapolis-
St. Paul Sanitary District sewage treatment plant, or
other municipal sewage treatment plant, except for certain
industrial wastes for which special treatment facilities
would be required.
Zone- ^
The effluents from the aforesaid Minneapolls-
3t. Paul -Sanitary District sewage treatment plant, the South
St. Paul sewage treatment plant, certain other small public
sewage treatment plants, and the waste treatweut facilities
of a number of industries are now discharged into the
Mississippi Rivtr in Zone J5« Tb--;r< is no other feasible
BJtans for disposal of such effluents. Sbirf Sanitary District
and 3outh 3t. Paul plant are now heavily overloaded, causing
serious pollution conditions in and bolow said zone of the
river. Projects are in progress for expanding and improving I
said plants. It is feasible by the exercise of public
authority to cause said plants to l> expanded, improved, and
maintained so as to provide adequate treatment for all
sewage from the areas served thereby, and to require like
maintenance and treatment for all other sources of sewage,
industrial wastes, and other wastes for which there is no
feasibl^ »rana of disposal except by discharge of the
treated effluents therefrom into the river in suid Zon« 3.
-------
572
It Is feasible by such BOBno to maintain the quality of
the water in said zone so as to be reasonably safe for
navigation by cownercial and pleasure craft passing through
the same and for aone lower industrial uses, but not for
a source of drinking water, high-quality industrial process
watrr, or any uses involving close or prolonged human con-
tact with the water.
CONCLUSIONS AMD ADOPTION OF STTAKIftRDS
Upon the foregoing Findings of Fact, it is hereby
determined that th< classifications and standards hereinafter
set forth arc reasonable and appropriate for the waters of
the zones of tbo Mississippi Rlvor and tributaries therein
described in relation to th<- public use- for which they
are or may b< put, and that said classifications and
standards are necessary for tbt purposes of Minnesota
Statutes, 1961, Sections 115.01 to 115.09, and said classifi-
cations and standards are hereby adopted for said purpose
as follows:
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573
KXHIBIT XII
Preliminary draft for long-range plan and program to be sub-
mitted to the 1965 session of the Legislature, issued bere-
with for advance study and discussion by all concerned.
Comments and .suggestions are invited by the Commission.
Office: State Department of Health Building
University Campus
Minneapolis, Minnesota 55440
.•WAT'.. OF MINNESOTA
HAT-R POLLUTION CONTROL COMMISSION
LONG-RANGE WA'i I R POLLUTION CONTROL PLAN AND PROGRAM
196?
FOTO'WPRD
The ±963 Minnesota Legislature, by Laws ±963,
Chapter 8?4 (known as the Rosenmeier Act), adopted far-
reaching measures which greatly strengthened the Water Pollu-
tion Control Laws of the State and provided the legal
authority and machinery for a more effective state-wide
wat°r pollution control program under the direction of
the State Water Pollution Control Commission, with the
assistance of other agencies. The main aim of the Act was
expressed in thv. following declaration in Section 4:
-------
574
"Sec. 4. It is the policy of the state to
provide for the prevention, control, and abatement
of pollution of all waters of the state, so far as
feasible and practical, in furtherance of conser-
vation of such waters and protection of the public
health and in furtherance of the development of the
economic welfare of the state. The commission shall
prepare a long-range plan and program for the effectu-
ation of said policy, and shall make a report of
progress thereon during oacb bic-nnitna to the legis-
lature at the beginning of each regular session, with
recommendations for action in furtherance of such
program during the ensuing biennium. It is the pur-
pose of this act to 3a£t;£uard the waters of the
statf frota pollution by: (a) preventing any new
pollution; and (b) abating pollution existing when
this act becomes effective, under a program consis-
tent with the declaration of policy above stated."
The commission accordingly presents herewith a long^j
range Water Pollution Control Plan and Program for the state. ;
j
CHAPTER I '
BACKGROUND .
As a basis for the long-range water pollution oon- |
trol plan and program, it is essential to review the past i
i
record of progress in that field in Minnesota and to summarize
-------
the existing problems demanding future action.
Eorly History. Throughout the period of early
settlement and development of the statet practically no
attention was paid to control of pollution, and raw »©wage
i
and industrial wastes were freely discharged into the lakes :
(
and streams of the, state wherever it was most convenient. !
i
!
Action on the problem was first prompted by recognition of j
i
the danger to the public health from contamination of water !
supplies. As early as ±885 the State Legislature passed ;
i
i
an act to prevent pollution of rivers and other sources of •
water supply. At that time and for tfa* next 60 years, the
responsibility for dealing with pollution problems, so far ;
as the Legislature did anything about them, was vested in
i
the State Board of Health, except for pollution harmful to '
fish or oth< r aquatic life, which was first in the province i
i
of the old Game and Fish Department, later the- Department of ;
i
Conservation. '
IggT, _ kegJalation. In 1927 the Legislature passed
an act which expressly charged the state Board of Health
with the power and duty of administering and enforcing all
laws relating to pollution of any waters of the state.
However, the few affirmative statutory provisions against
pollution in force at that time did little beyond providing
limited protection for water supplies and fish, and afforded
no substantial basis for dealing with the major problems
-------
576
o* disposal of sewage and industrial waste. Adequate
machinery for effective enforcement of the laws or for a
constructive, large-scale water pollution control program
was lacking. The 192? act did nothing to remedy these de-
ficiencies.
Progress Under State Board of Health. Nevertheless
the State Board of Health, though handicapped by limited
authority and by still more limited resources, and beset by
the burdens of many other problems in the field of public
health, made considerable progress in its efforts to cope
with the growing problems of pollution. Tin Board carried
on a persistent campaign among municipalities, institutions, ,
i
and industries in furtherance of better treatment and dis- i
posal of sewage and industrial waste. To aid in these
efforts and secure compliant^ with proper standards iu tho
design and operation of sewers and s^wagu treatment plants,
the Board in 1917 adopted a regulation requiring the
responsible municipalities or agenci
-------
577
on a local basis.
As a result of those efforts, although the Board
had DO authority to compel construction of sewage treatment
plants, a number of auch plants were built in different '
communities of the state during the 20-year period beginning
about 1914. Most of these plants provided only primary
treatment, but they did much to relieve pollution conditions 1
i
in the affected watera. j
i
Public Works Program in the 1930'JB. Sewage treat- i
am out plant construction sot u substantial lift from the
program of Federal grants for puiAic work» which were
available during th* d< pr^sion of the 19.30's bi fore World
War II. In this period many plants were built in various
parts of the state. The surveys and reports previously
made under the direction of the f3tr*te Board of Health were
invaluable to tb* communities ooncirn-'d in planning their
projects and securing Federal grants therefor.
Sewage Treatment Plants in the Large Cities.
Among the plants built with Federal aid during the pre-war
depression were those at th Twin Cities, South St. Paul, and
Dulutb. The progressive leadership exhibited by these
citie-s in dealing with their large sources of pollution
did much to induce other communities in th« state to follow
their example. It is especially noteworthy that in con-
struction of these facilities the Twin Cities and South
-------
578
St. Paul were many years ahead of all the other large
metropolitan centers on the Mississippi, Ohio, and Missouri
Rivers, and that Ouluth was likewise many years ahead of its
sister city of Superior, Wisconsin, across St. Louis Bay.
Need, for New Legislation. Sewage treatment plant
construction was necessarily suspended during World War II.
Upon reviewing the situation, the State Board of Health
then recognised that despite the previous progress made,
much raw arwage and industrial waste was still pouring un-
treated into tht waters of the state, that the pollution
load was bound to increase with the growth of population and
industry to be expected after the war, that besides public
health other important inters sts -such as industry, agri-
culture, livestock, recreation, fish and wildlife, and
others—were increasingly concerned with pollution problems,
and that in order to deal with those problems effectively
an extensive reorganization and expansion of the state's
pollution control program would be necessary. A number of
oth< r states had already adopted comprehensive water pollu-
tion control laws providing for systematic constructive
programs in that field.
The Water Pollution Control Act of 1945.
Accordingly the Board sought and obtained the cooperation of
the otlu r statr agencies roost concerned--the Department of
Conservation, the Department of Agriculture, Dairy a ad Food,
-------
579
and the State Livestock Sanitary Board--secured the
assistance of the Attorney General in drawing a bill em-
bracing the best features of the corresponding laws of other
states, and submitted the bill to the ±945 Session of the j
Legislature. The bill was supported by leading members j
of the Legislature and by many conservation and civic
organizations. It passed, with some amendments, as Laws i
1
19^5, Chapter 395, entitled the State Water Pollution Control]
Act (now Minnesota Statutes, Sections 115.01 to 115.09). ,
i
i
Although subsequent experience has disclosed some short
comings, it was regarded at the time as one of the best
state water pollution control acts in the country, and it
provided the legal authority for a greatly expanded water
pollution control program in this state.
The new act created the Water Pollution Control
Commission, which was first composed of the heads of the
four state departments above mentioned aud one member at
large appointed by the Governor* In 1951 the act was amended
to provide for three members at large instead of one, making
a total membership of seven. The act ;'>s amended provides
that in selecting the three members at large, the Governor,
so far as practicable, shall appoint one who is interested
in water pollution control from the standpoint of the
general public, one who is experienced in municipal govern-
ment, and one who is experienced in the field of industry.
-------
580
Tbis composite membership of the Commission has been helpful
in overcoming opposition to the water pollution control
program and securing the cooperation of the various groups
and interests concerned.
Definition of Pollution. Recognizing that pollu-
tion affected a wide range of interests besides the public
health, the Legislature included in the new act a broad
definition of pollution as follows (now Minnesota Statutes
Section 115.01, Subdivision 5):
"Subd. 5. 'Pollution1 means the contamination
of any waters of the state so as to create a nuisance
or render such waters unclean, or noxious, or impure
so as to be actually or potentially harmful or detri-
mental or injurious to public health, safety or welfare,
to domestic, commercial, industrial or recreational
use, or to livestock, wild animals, birds, fish, or
other aquatic life."
Service ProviBions. At the same time the Legis-
lature appreciated that the most critical pollution problems
were those affecting the public health, and that to a large
extent the methods already in use under the State Board of
Health for dealing with those problems (through field in-
vestigations, laboratory tests, studies, research, develop-
ment and application of remedies, and enforcement of
prescribed conditions) would be needed by the Commission
-------
581
in dealing with pollution affecting all the interests *mbrac< ri
in the above quoted definition. Hence, in order to avoid
unnecessary duplication of work and facilities, the new act
provided that the State Board of Health shall furnish the
Commission with the services needed in the administration
of the act, including the designation, with the approval
of the Commission, of a qualified and experienced sanitary
engineer to act as the Commission's executive engineer
(Minnesota Statutes Section 114.38, Subdivision 2). This
has proved to be a very workable, economical, and effective
arrangement so far as the means therefor bavt been provided
by the Legislature.
The specific administrative and technical functions
performed by the staff aad problems resulting from shortage
of funds, staff, and facilities will be discussed later.
Legal Authority of the later Pollution Control
Commission. Prom the standpoint of legal authority, the
most important provisions of the new act were those which
gave the Commission the following powers:
(1) To issue orders for abatement of pollution;
(2) To require submission of plans for sewage or
waste disposal systems;
(3) To issue, continue in effect, or deny, under
conditions for the prevention of pollution,
permits for the discharge of sewaget
-------
582
industrial waste, or other wastes, or
for the installation or operation of sewage
or waste disposal systems, and to revoke
or modify such permits when necessary to
prevent or abate pollution (Minnesota
Statutes Section 115.05, Subdivision 1).
Those were positive, constructive powers, much
broader than those previously vested ie the State Board of
Health, which were largely prohibitory or negative in
character.
Fortifying the specific powers thus conferred on
the CommlBsion, the new act also < xyrossly prohibited the
construction or operation of new disposal systems or the
alteration or extension of existing disposal systems until
plans had been submitted and permits therefor obtained from
the Commission, unless waived (Minnesota Statutes Section
115.07, Subdivisions 1 and 2).
The new act further provided for the issuance of
permits for disposal systems already in operation, subject
to modification or revocation by tht Commission in the same
manner as other permits (Minnesota Statutes Section 115.07,
Subdivision 2).
Under these provisions and others supplementary
thereto, tht Commission could compel abatement of existing
pollution, require adequate treatment or control facilities
-------
583
for new discharges of sewage, industrial waste or other
wastes, and require the extension or improvement of old or
new sewage or waste disposal facilities when necessary to
I
prevent or abate pollution as changing conditions might \
require from time to time.
Dilution Situation On Creation of the Water
Pollution Control Comroisaion in 19^5* The major pollution
problems faced by the Water Pollution Control Commission wheel
i
it began its work in 19^5 fell into two general categories |
i
with respect to their origin--municipal and industrial.
However, there was considerable overlapping between these
categories, bocaus< a majority of the industries of the
state were situated within municipalities nad discharged •
their wastes through municipal sew*r systems. In some such !
i
cases the industrial waste load greatly exceed* d the human \
sewage load—for example, the packing plant waste at South j
St. Paul. !
]
At the same time there were a number of cases where!
i
industries situated both within and without municipalities
discharged their waste into the receiving waters through
separate outlets, 'xamples of such cases existing in 1945 !
i
and new cases which arose later included pulp and paper ;
i
mills, oil rr?fineries, iron ore mines and concentrators, i
i
i
slaughtering and meat packing plants, beet sugar plants, i
i
canneries, creameries and milk processing plants, chemical I
-------
584
plants, and others of a special nature.
i
Municipal 3owage Treatment Situation in 19^5» I
1
Because of war-time conditions, exact records of the status
of municipal sewage treatment in ±9^5 are not available. The
following table shows the situation at that time as pro-
jected from the nearest available data, reflecting previous !
progress wade under the State Board of Health. ;
-------
Municipal Sewage Disposal - 1945
Number _£ Population
Total State Population (1940 Census) 2,702,300
Municipalities in the State* 749 1,787,653
Municipalities without Sewer Systems** 424 148,292
Municipalities with Sewer Systems 325 1,639,361
Municipalities having Sewer Systems
without Treatment** 114 242,274
Municipalities having Sewer Systems
with Treatment*** 211 1,397,087
Percentage of Sewered Municipalities
Having Sewage Treatment 65 .C
Percentage of Total Population of Sewered
Municipalities Served by Sewage Treatment 85.2
Out of 211 municipalities with treatment:
Adequate Sewage Treatment Plants 151 71.6
Old and Inadequate Sewage Treatment Plants 60 28.4
*From League of Minnesota Municipalities
**From 1950 Census data - adjusted to 1945
***From 1947 Census data - adjusted to 1945
Note: The 114 sewered municipalities without treatment included three of over
10,000 population (St. Cloud, Mankato, and Faribault), and nine others
of over 5,000 population (R«d Wing, Cloquet, ChishoLn, Crookston,
Stillwater, Little Falls, St. Peter, Hastings, and International Falls.)
-------
586
The population percentage in the abov» table 1m
higher than the numerical percentage because the three
largest cities in the state, containing a large part of the
total population, have sewage treatment plants.
Industrial Waste Treatment in 1945. Mo exact ;
figures are available for the industrial waste treatment '
t
situation in 1945. In ±948, as shown by appendix A, there ;
were approximately 784 industrial plants in the state dis- '
I
charging waste through separate outlets, of which 267, or j
i
about >4^6, had some form of waste treatment or control.
Because of the high rate of industrial activity during the
war, it is safe to assume that there were almost if not
quite as many industrial plants in operation in 1945 (the
j
last year of the war) as in ±948. Also, because little j
progress was made with industrial waste treatment for some \
time after the war, it is equally safe to assume that the '
t
i
proportion of plants with waste treatment was about the !
i
same in 1945 as in 1943. It follows that a reasonable estimatje
I
for 1945 would be at least 750 industrial plants in the i
i
!
state, of which only about one-third had any form of waste ;
i
treatment. Furthermore, most of the waste treatment then i
provided by industries generally was far short of complete. !
Very few, if any, Industries in the state provided really
adequate treatment for their waste at that time.
Summary of Pollution Conditions in 1945. On the
-------
587
whole, despite the previous progress made under the State
Board of Health, an immense voltmo of raw or incompletely
treated sewage and industrial waste was pouring into the
waters of the state when the Water Pollution Control
Commission was created in 1943* These discharges cane from
114 sewered municipalities having no sewage treatment plants
and at least 60 others having inadequate plants, nnd from
practically all tht 75>Q or more industrial plants in the
state having separate outlets, making a total prospective
work load for the Wttcr Pollution Control Commission of
over 900 separate cases, scattered throughout the state.
Municipal and industrial sewage or waste treatment
plant construction was practically at a standstill at the
close of the war. It is estimated that the cost of con-
structing the new municipal sewage treatment plants and
remodeling or replacing the old and inadequate plants needed
at that time would have been at least $35,000,000 for the
existing discharges, without any allowance for inevitable
future increases. Estimates of th< cost of industrial
waste treatment facilities needed in ±945 are not available,
j
but it would have been a very substantial sum. It was the |
i
I
job of the new Commission to get at all these cases as fast i
i
as possible nnd see that the responsible municipalities and j
i
industries either provided adequate treatment or stopped
the polluting discharges—truly a monumental task.
-------
588
Action Program Under the Water Pollution Control
Commission , 1945. When the members of the new Commission
first took their scats around the table in 19^5, they faced
the task above outlined with broad powers on paper but very
little means for carrying them out. The Water Pollution
Control Act had passed so late in the 19^ session of the
Legislature that there had been no time to secure any
appropriations for the Commission's work. It was therefore
impossible for the Commission at the outset to launch an
aggressive, state wide pollution control program, with the
gitn of cleaning up all the contaminated water in the state
in a hurry. It would have been futile for the Commission
to threaten all polluters with immediate legal action, since
no funds were availabl< to employ either the legal or the
technical services that would have been required for pre-
paring for and carrying on such proceedings.
Under the circumstances, the best the Commission
could do at the beginning was to make it known that under
the new act it was the duty of all municipalities, industries
and others who were responsible for disposal of sewage,
industrial waste, or other wastes either to abate the dis-
charges or to provide adequate treatment therefor as soon
as was reasonably possible; also that no additional or new
discharges of sewage or waste could be made without permits
from the Commission under conditions providing for adequate
-------
589
treatment to prevent pollution.
Early Opposition to Commission. The early effort*
of the Commission towards pollution abatement or control
soon ran into stubborn opposition from a snail group of j
i
cities and villages in the southern part of the state. The
officials of these communities resented interference with
what they regarded as a vested right to discharge their raw i
i
1
sewage into the streams of the state without restriction, ]
I
as they had always done before. They declared their inten- {
i
tion of resisting the Commission's authority, contesting
the constitutionality of the later Pollution Control Act, j
j
and seeking its repeal. ;
Favorable factors. However, this opposition died j
~""~~ * "Y ~ i
down when leaders from other communities came to the support
i
of the Commission| pointing out that no municipality or
industry had any vested right to pollute the waters of the j
j
state. The fact that many municipalities, including the |
!
t
three largest cities in the state, had already built sewage j
i
treatment plants, helped swing public opinion behind the
Commission's program.
Municipal and Industrial Representation. '
Another favorable circumstance was the fact that the j
municipal and industrial interests of the state had reprc- j
i
scntatives on the Commission. This gave assurance that the j
problems of these groups would get fair consideration, and
-------
590
did much to overcome their opposition and secure their
compliance with the requirements of tbo Commission for
pollution abatement or control. Yet during the 18 year*
and more that have elapsed since the Commission was created,
the municipal and industrial members have never once sought
any special favors for the interests which they represented.
On the contrary, they have repeatedly Joined with the other
members in imposing strict conditions for sewage or waste
treatment on both municipalities and industries, and have
been instrumental in securing the acceptance of such
conditions.
Unity of Action, At this point it is noteworthy
that although the Commission members have often differed in
their opinions on various questions, there has never been a
dissenting vote on any final decision of the Commission for
action on a pollution control case. Despite the contro-
versial nature of the subject matter, the Commission has
consistently maintained a united front in dealing with
these cases. This has gone far to strengthen the standing
of the Commission among the municipalities and industries
of the state.
Effect of Permit System. The permit system
established by the Commission soon after its creation under
the provisions of the act before cited proved to be one of
the most effective tools for pollution control provided for
-------
591
by the act. It resulted in preventlog ail new discharge*
of sewage or i adust rial or other wastes of any substantial
volume without proper treatment, because no such discharge
could lawfully be made without a permit from the Commission,
I
a ad the Commission has never issued such a permit without
strict conditions for treatment adequate to protect the
receiving waters against pollution.
The permit system atao resulted in securing abate-
ment of existing pollution in the case of many cities and
villages that needed s«jwer extensions or other modifications
of their sewage disposal systems. Under an opinion of the.
attorney general construing the applicable provision of the
Water Pollution Control Act, it was unlawful for any muni-
cipality to let a contract or spend public funds for such
work without submitting plans and obtaining a permit there-
for from the Commission. The Commission adopted a policy
of refusing to grant any such permit except upon condition
that the applying municipality would proceed with due dili-
gence with construction of a sewage treatment plant or
other necessary facilities under a definite time schedule.
In consequence many new residential, commercial, or indus-
trial developments, and in some cases the construction of
new schools or other public buildings, were held up until
the municipal authorities had acted to provide for adequate
sewage treatment plants. This brought about construction
-------
592
of such plants in a number of municipalities in the state.
Federal Grant Program. Construct ion of municipal
sewage treatment plants in Minnesota and elsewhere has been
greatly aided by the grant program initiated by Congress
in 1956 and later expanded under the Federal later Pollution
Control Act (Public Law 660, Section 6; 33 U.3.C. 466 e).
Under the original provisions a municipality could obtain a
grant up to 30 per cent of the cost of the project or
$250,000, whichever was smaller. Under the amendment adopted
in ±961 the percentage limit of 30 per cent was retained
but the money limit was increased to $600,000 for each
project and more liberal provisions for joint projects were
incorporated.
The total allotment of Federal grant money to
each state is determined annually by the U. S. Public Health
j
Service under a formula prescribed by the act. Certifica- j
i
i
tion of allotments to individual municipalities within the
state is made by the State Water Pollution Control Commission!
under regulations of the U. S. Public Health Service,
according to a priority point system developed by the
Commission, whereby the- projects are rated on the basis of
financial need, water pollution control need, effect on
interstate waters, and other factors.
In order to qualify for a grant it is essential
that the participating municipalities have complete plans
-------
593
made for the proposed facilities, approved by the Water
Pollution Control Commission, also by the State- Board of
Health as to public health Actors. As a result of past
i
efforts of the Commission and the Board, as before described,;
Minnesota has always had wort municipal sewage treatment
i
projects ready and eligible for Federal grants than the !
i
available funds would cover. Hence this state has used its !
i
i
entire allotment of Federal grant money from the beginning j
up to date whereas in some other states the allotments
have lapsed for lack of properly planned eligible projects. ;
Acceleration of Sewage Treatment Plant Construction)
t
By Federal Grants. There is no doubt that on a nation-wide
scale the Federal grant program has greatly accelerated
i
i
municipal sewage treatment plant construction as compared j
with the rate of progress which would have occurred without i
the grants (which was far short of what was needed to cope ;
i
i
with the continually increasing pollution load). However, ,
t
it is well known that in Minnesota, Wisconsin, and other |
progressive states where active state pollution control !
I
programs were already under way before the Federal grant
i
program was started, many municipalities that were ready
to build sewage treatment plants with their own funds
delayed their projects in order to benefit from Federal
grants. On the other hand, some of the less diligent
municipalities in these states expedited their projects
-------
594
under the incentive offered by the Federal grants.
they would have delayed const ruction if they had not received
the grants. On the whole, it la debatable whether the
Federal grant program has resulted in any actual expansion
or speeding up of the total volume of sewage treatment plant
construction in Minnesota, Wisconsin, or other states that
had active pollution control programs of their own.
nevertheless, it is certain that th< participating
municipalities in Minnesota reaped very substantial financial
to uef its from the Federal grant program to a total of
$7,708,800 for 114 projects in the seven years of operation
of the program from 1956 to 1963. In addition thereto,
these municipalities have spent or obligated themselves for
an estimated total of about $21,870,000 from their own funds
on these projects. These municipal expenditures included
at lea.^t 70 per cent of the cost of sewage treatment plants
plus the entire cost of connecting sewers and other
facilities, since the Federal grants were limited to sewage
treatment plant construction.
At the same time many other municipalities in the
state which could not qualify for Federal grants or made
no effort to obtain them have constructed sewage treatment
plants with their own funds, as will appear in the table
to follow on Municipal Sewage Disposal --July 1, ±963.
Special Federal Grants Under Accelerated Public
-------
595
Work* Act, Under the Accelerated Public Works Act passed
by Congress in 1963, Federal grants have been available for
construction of public works in economically depressed
areas. The areas so designated in Minnesota are mostly in
the northern part of the state, including the Iron Range,
where there is acute economic distress from unemployment or
other causes. Among other public works projects, 19 grants
have been made for sewage treatment plants in Minnesota
under this program amounting to a total of $693,198.
The Federal grants under this program have un-
doubtedly accelerated sewage treatment plant construction
in the affected municipalities, since most of them were
in poor financial condition, and ffw, if any, of then would
have constructed sewagi treatment plants at this time with-
out Federal aid*
At any rate, all the- municipalities which received
grants under the Accelerated Public Works Program are small
and the total volume of sewage treatment plant construction
involved was only a small fraction of the total for the
state. Hence the accelerating effect of these grants
did not cut much figure in the progress of the entire pollu-
tion control program.
The designation of the depressed areas and the
allotments of the grants under the Accelerated Public Works
Program have been determined by Federal authorities, but the
-------
596
applications bad to be processed and tbe plans and other
related information reviewed by tbe staff of the State Water
Pollution Control Commission, as in other cases, adding
considerably to their work load.
Summary of Progress In Municipal Sewage Treatment
Plant Construction Under the Coromiaaion From 19^5 to 1963.
Although credit is due to Federal grants as tx fore described
for soot acceleration of srwagt treatment plant construction
in Minnesota, this affected only a small part of the total
volume of such construction in tbe state. Furthermore,
much work oa the part of tbe Commission and staff was
required in order to make the Federal aid available.
On tbe wholt, it ia evident that the progress made in sewage
treatment plant construction in Minnesota since ±945 was
brought about almost entirely by the efforts of the Water
Pollution Control Commission, with the cooperation of the
State Board of Health.
Municipal Sewage Disposal Situation in 19_6j»
The following table is based on the sewage disposal Census
Data report compiled by the Coumlasion's staff for
January 1, 1963, with necessary adjustments for subsequent
work to July 1, ±963.
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Municipal Sewage Disposal—
July j. 1963
597
Total state population (I960 Census)
Municipalities in the state
Municipalities without sewer systems
Municipalities with sewer systems
Municipalities having sewer systems
without treatment
Municipalities having sewer systems with
treatment (including 356 treatment plants
plus 32 connected with Twin City plant and
3 connected with others)
Municipalities which have secondary treatment
(including 278 treatment plants plus 5
municipalities connected with such plants
at other places)
Percentage of sewered municipalities
having sewage treatment
Percentage of total population of sewered
municipalities served by sewage treatment
Out of 391 municipalities with treatment:
Adequate
Inadequate
(See further connents on adequacy below)
Number
847
410
437
46
391
294
97
Population
3,413,864
2,519,626
216,436
2,302,190
41,042
2,261,148
283 731,669
89.5
98.3
75
25
Note: The 46 sewered municipalities without treatment were all under 3,000
population and averaged less than 1,000 population. All the municipalities
of over 5,000 population without treatment listed in the note to the
preceding table for 1945, aa well as all others of over 3,000 population,
had built sewage treatment plants by 1963•
As in the 1945 table, the population percentage in the above 1963 table is
higher than the numerical percentage because the three largest cities in
the state, containing a large part of the total population, have sewage
treatment plants.
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598
Summary of Progress la Municipal flpwage Treatment, 1945 to
1963* On tbe basis of number of municipalities, a compari-
son of tbe 1945 table with the 196? table indicates that
during tbe intervening period of over 18 years very sub-
stantial progress was made in dealing with municipal sewage
disposal problems in tbe state under tbe program carried
on by the later Pollution Control Commission with tbe
cooperation of the State Board of Health. In 1945 there
were 114 sewered municipalities without treatment, having
a total population of 242,2?4 (including three places with
over 10,000 population and nine others with over 5,000
population). In ±963 there were only 46 sewered munici-
palities without sewage treatment, having a total population
of 41,042. All of these were small towns of less than 3,000
population, the average being less than 1,000. The cost of
construction of sewage treatment plants in these 46 sewered
municipalities now without treatment is estimated at about
$6,000,000.
In all 252 sewage treatment projects had been
constructed during the period from 1945 to 1963, including
new plants and major remodeling or reconstruction of old
plants which had become inadequate. The net result was
that in 1963, out of 437 sewered municipalities in the
state, 391, or 89.5$, had sewage treatment, as compared
with 6556 in
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599
I
On the basis of total population of sewered municij
palities served by sewage treat me tit, the percentage was
98.3# in 1963 as compared with 85.2$ in 1945. As before
pointed out, the population percentage was higher than the
numerical percentage because the three largest cities in
the state, embracing a large part of the state's total
population, bad sewage treatment plants. Furthermore, in
±965 there were 32 suburban municipalities connected with
the Minneapolis-St. Paul Sanitary District plant, and these
suburbs in the aggregate had a large population.
This increase in the number and population of
sewered municipalities with sewage treatment was highly
significant because it meant that all but a small fraction
of them had recognized their obligation to provide sewage
treatment and had spent large sums of money in fulfillment
thereof. The estimated total cost of sewage treatment plants!
completed from 1945 through 1965 is $65,363,000, of which
perhaps $8,300,000 was covered by Federal aid, leaving about
$57,000,000 from local municipal funds. This represents
a very substantial investment by the people of these
municipalities in sewage treatment plants, and gives
material evidence of their willingness to provide and pay
for water pollution control.
Adequacy Of Sewage Treatment. However, the
commendable record of progress in municipal sewage treatment
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600
reflected by the foregoing does not by any means give a
complete balance sheet of the present municipal sewage
disposal situation in Minnesota because it makes no allow-
ance for depreciation or other factors which affect the
adequacy of sewage treatment facilities to handle their
loads. Every sewage treatment plant starts to depreciate
physically as soon as it is placed in operation. Further-
more, its capacity is limited. As population and industry
grow and water uses increase, the sewage load on the plant
becomes heavier and heavier until finally the plant becomes
overloaded so that the effluent falls below the required
standards and thereby adds to the pollution of the receiving
waters.
As a result of these combined factors of plant
depreciation and overloading, it has been determined upon
observations made by the staff of the Commission and the
State Board of Health that out of 591 sewered municipalities
in the state having sewage treatment in 196?» such treat-
ment is adequate in only 29^, or 75$» leaving 97 municipali-
ties, or 25$, with inadequate treatment.
Here again the percentage based on number of
municipalities does not furnish a complete measure of the
total problem, because of the fact that the 97 municipali-
ties having inadequate treatment include >2 connected with
the Twin City plant, which handles a much larger volume of
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601
sewage than any of the other* and is more heavily over-
loaded than the average (as will be discussed in More detail
later).
The Commission and the Board have not bad sufficient
staff services or facilities to make all the observations
and teats that would be required to measure closely the
degree of treatment which is now being provided by all the
inadequate municipal plants in the state, or to determine
just how far the performance of each plant is below
standard. However, from what is known about the Twin
City situation (where extensive studies have been made
both by the state agencies and the sanitary district), and
from general observations wade at other inadequate plants,
it is estimated that the total sewage treatment now provided
by the sewered municipalities of the state having treatment
is not more than 60$ adequate in the aggregate, leaving a
deficiency of 4o per cent to be dealt with.
The coat of sewage treatment plant expansion and
Improvement needed to remedy this deficiency (without
allowance for inevitable future increases in the sewage
load) is estimated at about $22,800,000 for the 32
municipalities presently connected with the Twin City plant
and about $13,200,000 for the 65 other municipalities
having inadequate plants, making a total of $36,000,000
required to bring all the inadequate plants in the state
I
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$6,000,000
36,000,000
$42,000,000
602
up to par on the basis of existing conditions in 1963.
Summary Of Cost Of Needed Municipal Sewage
Treatment Plant Construction, iff6;?. From the foregoing
estivatea the total cost of construction of sewage treat-
ment facilities needed in this state in 196} is as follows:
New sewage treatment plants for 46
sewered municipalities now with-
out treatment
Expansion and improvement of
inadequate sewage treatment
plants for 97 municipalities
Total
!stimates of additional needs for the future will
be discussed later.
Industrial Wasto Control Program, 1945-1963.
Beginning in 1945, the later Pollution Control Commission
applied the same general policy to industrial waste disposal
as to municipal waste disposal, that is:
(1) The Commission refused to grant permits for
any new discharges or extensions or modifications of existing!
discharges except upon conditions providing for adequate
treatment;
(2) It carried on a program, as far as its means
permitted, to secure Improvement in the treatment or control
of existing old discharges of industrial waste, giving
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603
priority to the moat serious and urgent cases, i
New Discharges Of Industrial Waat<. This program
baa beea notably successful in preventing new discharges of
industrial waste since ±945 without proper treatment or
control* It is saf-- to say that practically all industries
that have initiated operations involving the discharge of
industrial waste of substantial consequence during that time
have provided as good treatment or control facilities there-
for as could reasonably be required.
Old Discharges of Industrial Waste. The problem
of dealing with old discharges of industrial waste exist!a-;
in 19^5 was much wore difficult Although there were many
serious cases of pollution from industrial waste, the most
urgent problems which th* n and lat* r demanded the attention
i
of the Commission and its staff from the standpoint of public!
i
i
health as well as other interests wer*. in the fitld of j
i
i
municipal sewage disposal. The continually increasing work |
I
load in connection therewith has been so heavy that the j
staff has never been ablt to do a thorough job of invcsti-
i
gating and reporting on the old sources of industrial :
i
(
pollution in the state except in the more serious cases, |
and the action of the Commission in the industrial field
has been limited accordingly. Nevertheless substantial
improvement has ht.ru roach in that field as a result
of the efforts of the Commission.
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604
Industrial lastc Treatment Progress, 1945-1963.
Appendix A (Previously referred to) shows the total lumber
of industries, the approximate number having separate
waste discharge outlets (not connected with municipal
sever systems), and the approximate number in the latter
category providing treatment for their waste in the years
±948, 1957» and 1962, respectively. Because little was
done in industrial waste control from the end of the war
in 1945 until 1948, the figures for ±945 would be about the
same as given in this table for 1948. The figures for ±963
have not yet been compiled, but will show some increase
over 1962. Making allowance for this increase, the figures
in Appendix D are fairly indicative of the progress in
industrial waste treatment from ±945 to ±963 with respect
to number and kind of industries. However, these, figures do
not reflect adequacy of treatment, as discussed later.
Decrease In Mumber Of Industrial Waste Outlets.
Appendix A shows a significant recent trend in the industrial
field in that the total number of industries having separate
waste discharge outlets dropped from 1,124 in 1957 to 935
in 1962, making a decrease of 189 outlets. The reduction
occurred chiefly in the following types of Industries:
iron ore mines and concentrators, milk receiving and
processing, poultry packing, and slaughtering, locker plants,
fish packing, and related plants. In the iron ore industry
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605
those reductions were due to a substantial curtailment of
nining operations. However, in the others the reduction in
number of separate outlets was due in many cases to con-
solidations of small local plants in connection with the
expansion of larger plants, with the result that the total
volume of waste discharged in the affected industries was
actually greater although the number of outlets was less.
Despite the decline in number of industries with
separate outlets in recent years, there wt;re a good many |
l
more of them in 1962 than in 1948. Furthermore, there was :
j
i,
a substantial increase during the intervening period in the :
i
percentage of these industries providing some form of waste j
|
treatment, which rose from 34 p< r cent, or a little over j
i
one-third in 19^8, to 51 per cent or a little over half, in !
i
1962. There has been some further improvement during the
past year, but exact figures for 1963 are not available.
At the same time there have been substantial
improvements in methods of treatment and disposal or indus-
trial waste. Many industrial plants have reduced the
volume and polluting effects of their waste by installing
systems for recovery of materials formerly wasted, by
recirculation of waste water, by installing modern waste
treatment facilities, and by discharging waste effluents
through systems of laud irrigation instead of into streams
or lakes.
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606
Adequacy of Industrial laate Treatment. As with
municipal sewage treatment, the figures showing the aim ber
of industrial plants providing treatment do not reflect the
adequacy of treatment. Conditions in this respect in the
industrial field differ greatly from those in the Municipal
field because municipal sewage from various sources is
pretty ouch alike (with some exceptions in cases where the
industrial waste load going into the municipal treatment planjt
is unusually heavy), whereas among the industries with
separate outlets and treatment facilities there i* a wide
variety of types of waste and methods of treatment.
Furthermore, very effective methods have been
developed for some typ<;s of industrial waste whereas for
other types no fully successful methods of treatment have
been discovered.
At any rate, the Commission's staff has never
bad the time or means to make the observations and tests
necessary for a complete appraisal of the adequacy of all
the industrial waste treatment facilities in the state. It j
i
i
has had to confine its attention to the more serious and
urgent cases.
Summary Of Industrial Waste Control Situation In
1963. From the information available the industrial waste
treatment situation in Minnesota in 1965 may be summed up
generally as follows:
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607
(1) Industries Discharging Through Municipal Sewer
Systems. With respect to industrial waste dls-
cbarged through municipal sewer systems, the
adequacy of treatment in each case depends on
the efficiency of the municipal sewage treatment
plant. In many cases this is satisfactory, but
in «one cases where the industrial waste load is
unusually heavy (as with the packing plant waste
at South St. Paul) or is of such a nature that
ordinary sewage treatment methods are not complete-
ly effective for the industrial waste (as with
cannery waste or other special types of waste)
the treatment of the industrial waste by the
municipal plant is unsatisfactory, and the
adequacy of the municipal plant is reduced accord-
ingly.
(2) Hew Industries. With respect to new industries
initiated since 1945 and having separate outlets,
the treatment of their waste is generally satis-
factory, but requires continuous inspection and
supervision to make sure that the waste control
facilities are operating properly and are not
overloaded by increasing production or used for
new types of wastes for which they are not
adapted.
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608
(5) Old Industries. With respect to industries
having separate waste discharge outlets which
originated before 19^5, the over-all degree of
waste treatment has substantially improved up
to ±963. In some oases (of which most of the
iron ore mines and concentrators are examples)
tbu treatment now provided is quite satisfactory.
In other cases whore the treatment of waste is
especially difficult and expensive (of which
the paper and pulp mills are examples) the treat-
ment now provided is more or less unsatisfactory
and inadequate, varying from one industry to
another.
CHAPTER II
SPECIAL PROBLEMS
In addition to the general problems described in
the preceding chapters, the following special problems
demand attention.
Special Problems; (a) Upper Mississippi River,
Minnesota River, and St. Croix River, With the exception
of a few small communities, all the presently sewered
Minnesota municipalities on the Mississippi River, the
Minnesota River, and the St. Croix River which did not have
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609
sewage treat me at plant* in 194§ have since installed •noli
plants or have them under coast ruction* Eencse the
municipal sewage situation on those waters is now under
fairly good control, except for the overloading of the
Twin City and .South St. Paul plants. However, there are
some separate industrial waste discharges on the tipper
Mississippi and the Minnesota where the treatment provided,
though better than before, is still unsatisfactory (for
example, the paper and pulp mills at Grand Bapids, Brainerd,
Little Falls, and Sartell, the beet sugar plant at Chaska,
and the malting plant at Shafcopce). These unsatisfactory
industrial discharges aggravate the pollution in the affected
waters below the outlets, but because of their small volume
as compared with the total stream flow and their upstream
location they do not add materially to the pollution load
of the Mississippi River below South St. Paul. Even so,
it is important for these industries, as well as all others
discharging untreated or inadequately treated waste, to
provide satisfactory treatment therefor. The Commission and
staff are proceeding to deal with them as rapidly as their
tine and means permit.
Metropolitan Area
Special Problems; (b) Mississippi River At and
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610
Below the Twin Cities. Before the construction of tbe Twin
City sewage treatment plant, which went into operation in
1958» and the South St. Paul plant, which went into opera-
tion in 19^0, the Mississippi River below South 3t. Paul
waa grossly polluted, with effects extending downstream
through the interstate portion of tbe river as far as
fabasha. This situation was effectively relieved by the
works above mentioned, and conditions in the river were
quite satisfactory, with few complaints, until recent years
when further degradation of the water quality occurred
from the causes below described.
When the Twin City and South St. Paul plants were
constructed, there were other smaller communities down-
stream in both Minnesota and Wisconsin that did not have
sewage treatment plants, but all of them have since con-
structed such plants.
Onset of Present Pollution of tbe Mississippi River
below South St. Paul, By the year 1954 tbe volume of {
i
sewage and industrial waste passing through tbe Twin City !
!
I
and South St. Paul sewage treatment plants had increased i
i
to tbe point where it was evident that they were in danger !
i
of becoming overloaded, with the result that the effluent j
j
would be inadequately treated and would cause unsatisfactory j
i
pollution conditions in the river below. This situation |
was duo to the growth of population in the Twin Cities
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611
and their suburbs which bad connected with the Twin City
plant as well as in South St. Paul, with corresponding
expansion of the industries in the area. This was a mani-
festation of the so-called population explosion which took
place after World War II throughout the country, especially
in metropolitan areas. When the Twin City and South
St. Paul treatment plants wt.ro designed, it was contemplated
that in time they would have to be expanded to meet future
population and industrial growth, but no one foresaw that
the population would multiply so rapidly in the metro-
politan area served or in position to be served by these
plants.
At any rate, when the danger of overloading of
!
these plants became apparent, the Commission's staff pointed j
t
i
out to the authorities of the sanitary district and the |
i
i
City of South St. Paul the need for prompt action on projects I
for necessary expansion and improvement of their facilities
to meet the impending increases in sewage and industrial
waste loads.
j
The Board of Trustees of the Minneapolis-St. Paul j
i
Sanitary District responded by employing consulting engineers i
to make a complete study of the existing and future sewage
and industrial waste disposal problems of the entire metro-
politan area, with recommendations for solutions. This
study was begun in ±95^ and was completed with submission
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612
of the engineer*' final report In 1961, at a total oo»t to
the District of about $502,000.
It was evident from the finding* and recommenda-
tions of this report, embracing not only the Twin Cities and
South St. Paul but many large suburbs and adjacent lands
comprising the metropolitan area, that the solution of all
the problems involved was beyond the legal and financial
capacity of the existing sanitary district and the munici-
palities concerned, and that in order to deal with those
problems effectively additional state legislation would be
necessary, either to enlarge the authority of the present
sanitary district or to create a new sanitary district having
jurisdiction over the entire affict^d area.
Bills for that purpose were introduced at the 1961
and 1963 Sessions of the Legislature, but failed to pass.
Instead the 1965 Legislature inserted in Chapter 87^ (the
Roseomeier Act before mentioned) some novel alternative
provisions which, it is hoped, may help solve the metropolita^
sewage problems, as will be discussed later.
Present Project for ' xpaasion of the Twin Cities
3ewage Treatment Plant, In view of the lack of action on
the metropolitan problems by the 196! Legislature and the
urgent necessity for dealing with the overloading of the
existing sewage treatment plant, the trustees of the present
Twin City Sanitary District in 1962 initiated a project for
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613
expansion of their plant to the extent necessary to provide
adequate treatment for the present sewage load, with additionf
al capacity estimated to be sufficient to handle anticipated
increase in load up to about 1975. Construction under this
project is actively uader way, designed for completion in
±966, at a total estimated cost of $22,800,000, considerably
exceeding the cost of the original treatment plant and
connecting works.
Assuming that corresponding improvements are made
at South St. Paul, it is estimated that the operation of
these works will provide treatment adt quatc to alleviate
the present pollution of the riv< r and rat et tht applicable
standards set by the Commission as later described. It is
estimated that this improvement will b< effective until about
1975* Meantime further action will be necessary to meet
additional increases in load to b«. expected thereafter.
Special Problems; (c) North Suburban Sanitary
Sewer District^ One of the most acute problems that arose
in connection with the population explosion in the metropoli-j
tan area involved the plight of six contiguous and fast-
growing suburban municipalities north of Minneapolis, with
a total population of 57,5^7 in ±960, which had no sewer
system. Septic tanks throughout these communities were over-
flowing and causing conditions that were both a public
nuisance and a menace to the public health. Pursuant to a
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614
special aot of the Legislature, Extra Session Laws ±961,
Chapter 90, tbeae communities joined in organizing the
North Suburban Sanitary Sewer District, with power to con-
struct and operate necessary sewage disposal and treatment
facilities for the included area. At first the authorities
of this district proposed to construct a sewage treatment
plant discharging its effluent into the Mississippi River
above the St. Anthony Falls Dan. However, the liter Pollu-
tion Control Comalasion promptly expressed its disapproval of
this proposal and later adopted standards (as further dis-
cussed below) which would preclude any such outlet in this
section of the river because of the possible danger to the
Minneapolis water supply. This district has since altered
its plans, and steps arc now under way for connection with
the Twin City system, under contract between the district
and the City of Minneapolis. This will add to the load on
the Twin City plant. The capacity of this arrangement is
limited to an expectancy of about six years at the estimated
rate of increase in tributary population. Meantime further
action will bo necessary to provide for the anticipated
additional increase in sewage load above the capacity of
the facilities now proposed.
Special Problems; (d) Local Sewage and Industrial
Waste Dischargea ID the Metropolitan Area. The major sewage
and industrial waste disposal problems of the Twin Cities
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615
and South 9t. Paul were quite effectively dealtb with by
their disposal systems as before described, until the sane
became overloaded. However, there are various minor sources
of sewage and industrial waste which were not taken into the
vain systems and which are still discharging into the
Mississippi River or its tributaries in thr metropolitan
area* Among these are old storm sowers in Minneapolis and i
I
i
St. Paul, through which some sanitary sewage is occasionally
discharged with storw water directly to the river following
heavy rains. There are also discharges from various small
communities or industries in the surrounding territory.
Both St. Paul and Minneapolis hav^ projects under
way for construction of s<-parat< tstorm s
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616
affected waters to a degree never before actually attained*
Of course, under the law, the standards are subject to
Dodificatlon as future conditions may require. At any rate,
it is the aim of the Cotmaisaion to maintain the highest
standards reasonably attainable-. Action contemplated by the
Commission pursuant to these standards will be discussed
later as part of the Comprehensive plan and Program.
Special Problems: (e) The Mi nno aota River. The
Minnesota River was not included in the 1963 standards
before mentioned because of municipal and industrial sewage
and waste disposal problems requiring further study. It
is the intention of the Commission to adopt standards for
that river as well as other waters* requiring such action as
soon as the necessary preparations can be wade, as will be
discussed later.
Special^ Problems; (f) Accidental Discharges of
Oil From Storage Tanks. In the winter of 1962-1963
accidental failure of storage tanks or connecting facilities
at the plants of the Richards Oil Company at Savage,
Minnesota, and the Honeytnead Products Company at Mankato,
Minnesota, resulted in the escape into the Minnesota River
and theace into the Mississippi River of large quantities of
oil, causing extensive nuisance conditions along the Mississippi
River in both Minnesota and Wisconsin and the death of
several thousand waterfowl. No public water supplies were
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617
contaminated (there being none drawn from the affected i
portions of the rivers), and no other public health hazards
resulted from the oil discharges. However, the loss of
waterfowl aroused widespread public attention and the
nuisance conditions were exasperating to the people affected.
Information of the Richards case first reached the
offices of the State Board of Health and Water Pollution
Control Commission on January 14, 1963, by telephone from
the State Department of Conservation. Information of the
Honeymead case waa first reported by telephone by the sani-
tarian of the 3 ate Department of Health stationed at
Mankato on January 23. ±963. Thereafter staff members of
the Board and the Commission cooperated with the Department
of Conservation in investigating both cases and making
recommendations for remedial action.
Later the U. S. Corps of Engineers, through the
office of the District Engineer at St. Paul, entered the
cases and took similar action. From then on the
representatives of the state agencies and the government
worked together on the cases.
The loss of oil at the Richards plant was due to
breakage of a pipeline connecting with a storage tank,
caused by extreme cold weather. The breakage was reported
to have occurred on Saturday, December 8, or Sunday,
December 9, 1962, when the employees of the company were off
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6ib
duty, and was first discovered by them on returning to work
on Monday, December 10. It was estimated that about
1,000,000 gallons of petroleum oil lu the tank and pipe-
lino t scaped into the diked area around the plant and th< nc< .
I
through culverts and a drainage ditch into the Minnesota
Riv^r.
The loss of oil at the Homynnad plant occurred
January 23, 1963» through rupture of a large storage tank :
containing about 2,500,000 gallons of crud< soybean oil, the
outburst of which also caused the r< leas< of other oil from
same smaller containers nearby* Sow of th< oil, which
was partially congealed on account of tb cold weather,
was recovered, but a larg* part of it flowed into the Bluc
Farth River near the plant and thence into thr Minnesota ;
River, later passing down into the Mississippi.
The passage of the oil downstream both from tht
Richards and the Honcymoad plants was more or leas retarded
by the cold weather and the ice cover. The bulk of it,
especially froo the Boneymtad plant, where the discharge
occurred later and further upstream, did not reach the
Mississippi River until the ice went out in latt March and
early April, 1963. Thin many ducks arriving from the
south on their spring migration got into the oil which was :
i
spreading on the open water. Soot w< r*. saved by Consc rvation,
t
Department crews and others, but large numbers were killed. |
I
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619
i
On learning of the situation Governor Karl Rolvaag )
i
j
of Minnesota called the State ixecutive Council into session |
on April 3« They declared a state of emergency, and the
i
i
Governor called out two units of the National Guard to ;
attempt to confine or recover the oil. After cxperioAnting
with various methods, it became evident that it was not
feasible with available means to confine, divert, or collect t
1
any substantial quantity of the oil, and on April 16 the |
i
National Guard units were dismissed except for a snail |
clean-up crew.
On April 4 Governor Rolvaag request*, d Federal •
assistance. The U. 3. Corps of Engineers was already active i
in the ca»c as befor< stated. On April 9 the U. 3. Public •
Health 3ervice launched an inv; stigation, which was there- !
j
after conducted with the cooperation of the Minnesota j
4
Governor's Office, the National Guard, the tftatt Department ;
)
*
of Health, the Water Pollution Control Commission, the j
i
State Conservation Department (through the Division of !
Game and Fish), the State Attorney General's Office, the j
i
Wisconsin Governor's Office and Resources Development j
i
Division, the U. S. Corps of ngineers, the U. 3. Fish and i
Wildlife Service, and the U. 3. Coast Guard, together with j
interested private citizens and groups who voluntet red their
t
i
services. The fiold investigation continued through June, '
i
and after completion of laboratory tests on studies of j
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620
samples taken, the U. 3. Public Health Service made a
report of its findings and conclusions.
The staffs of the State Board of Health and Water
i
Pollution Control Commission and State Conservation Depart- i
i
»cnt also made reports. This commentary is based on the ;
facts set forth in all of the reports above mentioned,
which may b< referred to for further particulars by anyone 1
interested, together with other information iu the files of
the State Board of Health and the Commission. ;
It appeared from these reports that the petroleum
oil from the Richards plant was cutting oil of light con-
sistency, that it floated on tin «urfac< of th water,
and that the greater part of it p?, ;s? rl rather rapidly down-
stream nfter the sprite; br« ak-up. How* v r, lr- caus- of delay
on the part of the cocipauy manage-in, nt in installing control
devices recoaraended by the staff of the Water Pollution
Control CotnmisBion and the Corps of ngineors, aorae oil that
had accumulated on the premises at the tine of the original
discharge continued to drain into the river and pass down-
stream for some time thereafter.
Because of its light consistency and comparatively
rapidly passag< downstream, the petroleum oil was only n minor
factor in the loss of waterfowl or in the auisanc< conditions,.
Whore pr< sent it made objectionable oil slicks on the surf a c*
of the water, but left no serious lasting ef£
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621
The soybean oil waa heavier. In liquid form it
was slightly lighter than water and would float, but on
)
exposure to tbo air and water it fcroud sticky or stringy j
I
masses, some of which floated and som« of which sank to tb* •
bottom. Most of the waterfowl damage was caused by thi<3 ;
i
I
oil. The sane was true of the nuisance conditions along ;
shore, whore the sticky residue from the oil coated beaches, j
i
docks, boats, and other objects, and waa generally obnoxiousj
These conditions are persistent, though ultimately tht oil
and its residues will disintegrate and disappear. !
.
No substantial direct damage to fish life was )
i
observed either from tbo petrol' un oil or the soybean oil* !
A few dead fish w< r< found =»loaiT the Mississippi River, but ;
no more than would nonnplly bt xpect d. However, the
residue from the soybean oil, though not toxic, would consunx
more or less oxygen from the water, and wber< thi3 ressidu
accumulated on the bottom it would be harmful to bottom
organisms or fiah eggs and so would be detrimental to fish
reproduction. However, cvid, nc< was lacking as to the <-x-
tent of such effects.
The effects of the soybean oil above described
extended along the Mississippi Riv^ r and connecting back-
waters from the Minnesota River down into and around Lake
Pepin. Sow > vid- nc> s of the oil w< r< found further down-
stream, but they were not serious.
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622
By the Middle of April the immediate crisis result-i
i
ing fron the main flow of oil was over and the bulk of the
oil bad been dissipated except for what had been impounded
in the backwaters and snail quantities of oil which continued
to drain froa the Richards premises but did not materially •
i
aggravate the detrimental conditions along the Mississippi
as above described. Tlu waterfowl damage occurred mainly in
the early spring during the migration, and no serious losses
of birds occurred thereafter. The effects of residual soy-
bean oil on the shores and bottom of the river persist- d
more or less through the summer and into the fall of ±963.
Later observations indicated that these detrimental effects
bad substantially diminished by th- late fall of ±963 and
will very likely have entirely disappeared by m xt sutanu r. j
i
Installation of 3af^guards. Meantime the •
representatives of the Water Pollution Control Commission,
i
the State Board of Health, the State Conservation Department,;
i
i
and the 0. 3. Corps of Fngineers cooperated in efforts to j
secure installation by the Richards Company and the Honeymcad
j
Company of adequate safeguards to prevent a recurrence of tlu
oil discharges such as those which bad occurred at their ;
plants. The Honeymead management were cooperative from
the beginning in attempting to salvage as much oil as
possible and keep it out of the river, and they have made I
i
studies for the purpose of installing facilities to prevent ,
-------
623
further losses of oil. The management of the Richards
Company responded by installing the devices reoomiended
both to prevent further drainage from the premises of oil
that bad already accumulated thereon from the previous
accident as well as further losses. In the Judgment of the
engineers both establishments will have reasonably adequate
safeguards against such losses when tb< devices recommended
for the Boneymead plant are installed. The cost of these
installations u»s not been fully reported, but it will
obviously bt substantial for both companies.
Legal Action On Account Of Oil JJiacharges. At a
meeting of the Water Pollution Control Commission on
March 28, 1963, the possibility of criminal prosecution or
other legal action against the Richards Company and the
Honcymead Company was referred to the Commission's legal
counsel. Bk? consulted with thr legal counsel for the
Conservation Department, and the matter was again discussed
at a later meeting of the Commission where both were present.
It was evident that the oil losses in these cases
were not continuing discharges of industrial waste but were
accidental losses of valuable commodities, and hence that
the provisions of the Water Pollution Control Act relating
to abatement of continuing discharges of wast* were not
applicable. The public health laws were also Inapplicable
because no contamination of water supplies or otb
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624
to the public health had resulted from the oil losses.
Criminal Prosecutions. With respect to criminal
prosecutions thi cas«> therefor* narrowed down to two statu-
tory provisions: (1) Minnesota Statutes, Section 101.42,
Subd. 17, relating to pollution harmful to wild animals
(including waterfowl, fish or other aquatic life), and (2)
Minnesota Statutes, Section 6l6,01, relating to public
nuisanc*^. Violations of both these sections are punishable !
i
as misdemeanors by a fine, of not mor< than $100 or by 90 !
days in jail, but not both.
The- legal counsel pointed out that a mere unfore -
seen accident would not be grounds for criminal prosecution
under either of these provisions. In order to support a
conviction in eith< r case it would be necessary to prove the
following essential el^m* nts b< yoad a reasonable doubt:
(l) That scum person knowingly ootnmittoed an act
or omission which caused the discharge of the
oil;
(2) That in consequence thereof the conditions
specified in tin applicable statute resulted.
Undoubtedly some of the conditions specified in the!
i
statutes above cit.-d resulted from the oil discharges—that |
is, harm to wildlif< and nuisance conditions. However,
there was no material ivide-nce that any individual connected j
with < ithc r company had knowingly committed an act or
-------
623
i
omission which resulted in these conditions. In both cases !
the failure of the oil containers was unforeseen and
accidental. It is true that as a result of delay of the
management of the Richards Company in installing control
devices, some oil from their premises continued to drain into
the river for some time after their first loss occurred.
However, the only damage to wildlife attributable to the
Richards oil involved a small percentage of the ducks that
were killed
-------
626
i
and would undoubtedly resist any proposal to spend money on j
i
safeguards.
Obviously th< most important objective to be attain
ed in the ca^e was to secure the installation of safeguards
to prevent a recurrent of the oil discharges. In con-
sequence of the***, discharges both companies claim to have
suffered heavy financial losses, which far outweighed the
small penalitieg that could have bf.cn imposed upon them if
convicted in criminal proceedings. Such pcnalities, if
inflicted, in addition to the financial losses, would cer-
tainly have stiffened the resistence of the management of
the companies to making further expenditures for safeguards.
For these reasons, ir* addition to the lack of necessary
evidence, tin institution of criminal proceedings in
these cases did not appear to be warranted in tht public
interest. The action of the companies iu installing or
agreeing to install the recommended safeguards has now
demonstrated the soundness of the foregoing conclusions.
Findings of U« 3. Public Health Service On Legal
Aspects. The U. S. Public Health lervice report commented
on the legal aspects of the case as follows:
MAt the time of these oil spills, though several
state agencies were involved to some extent in
water and pollution problems, none had clear-cut
responsibility and legal authority to enforce
-------
62?
Measures to insure proper storage of non-waste
materials or to require salvage action and
cleanup if an accidental loss occurred. Action
was possible only if a public health emergency
was created*"
As before pointed out, there was no public health
emergency, and otherwise there was no statutory authority
for legal action by the state agencies under the circum-
stances of this case.
Civil Action by State or Federal Agencies for Loss
of Wildlife. Minnesota has no statute establishing civil
liability or prescribing civil penalities for losn of
wildlife in such cases. In th* absence of such a statute
the state might have a common law right of action for such
loss, but final determination thereof would be n matter
for decision by the courts.
It is understood that the U. 8. Fish and Wildlife
Service has taken up with the Department of Justice the
question as to whether the Federal government would have
a cause of action against the oil companies for loss of the
ducks. No decision in the matter has yet been announced.
Civil Actions by Municipalities or Private Property
Owners for Damages to Property. Any Municipality or privnt* j
individual whose property was damaged as a result of the
oil discharges would be free to sue th< oil companies
-------
628
on account thereof, but in order to recover it would be
necessary, of course, to prove negligence on the part of
the company concerned under applicable rules of law. So
far aa known no one has yet commenced any such action.
Legislation and Future Action. Measures adopted
by the State Legislature at the ±963 Session and action
contemplated by the Water Pollution Control Commission to
deal with the problem of accidental oil discharges will be
discussed later.
Special Problems; (g) Oil Spillage in Connection
with River »avigation. lu the course of commercial naviga-
tion on the Mississippi River and connecting waters
occasional spills of oil are bound to occur through accident
or carelessness from tow boats or oil barges* Usually the
quantities of oil lost are small and the effects are soon
dissipated. However, spills of substantial volume may
sometimes occur.
These oil spills have not been regarded as a public
health hazard because no public water supplies are drawn
from any of the affected waters (except from the pool above
the St. Anthony Falls Dam in Minneapolis, where special
safeguards will be required).
However, according to medical authorities, it is
conceivable that human health may suffer seriously from the
effects of even small quantities of oil or other foreign
-------
629
substances in the water with which people cone in contact
through swimming, water skiing, or other aquatic pursuits.
At any rate, oil getting into the water in any
substantial quantity nay injure fish, waterfowl, or other
aquatic life and cause nuisance effects frota oil slicks on
the surface and oil accumulating on watercraft, beaches,
docks, and other structures or objects in the water or along
the shores.
No case in this category has yet come to the atten-
tion of the Commission where the evidence of either harm i
i
i
to fish or other wildlife or nuisance conditions could be i
proved with sufficient certainty to warrant a criminal prose-i
(
cution under cither of the applicable statutes before cited, i
1
However, commercial navigation on the affected waters is !
steadily increasing, with corresponding inereas< in th
potential frequency of oil spills. The use of these waters
for boating, fishing, swimming, and other recreational
purposes which might suffer from substantial oil spills is
also rapidly increasing. Bonce these spills present a
problem demanding attention.
Special Problems; (h) New Chemicals, An increas-
ing flood of new chemical products used by industry or sold
for use by the public has greatly intensified the problems of
pollution control in recent years, and seems likely to get
worse in the future. Many of these new products are
-------
630
difficult to treat by known methods, and sowe of them
(such as so-called hard detergent*) interfere with present
••wage or waste treatment processes when present in suffi-
cient concentrations. New chemicals used in industrial
processes nay be discharged through municipal sewer systems
or through separate waste outlets, depending on where the
industries are situated. New chemicals used by the public
(such as detergents) are discharged into municipal sewer
systems, septic tanks, cesspools, or other outlets, depending
on where the homes, places of business, public buildings,
or other sources are situated. These discharges of new
chemicals occur without advance notice, aud frequently are
not discovered until they cause trouble. On the whole, new
chemicals present a pollution control problem of continu-
ally increasing magnitude and complexity.
Special ProblejBs; (i) Chumica1 Sprays. The wide-
spread use of insecticides, herbicides, and other pesticides
for spraying crops, trees, and other vegetation on both land
and water has aroused serious concern over possible danger
to human life, livestock, fish, or other wildlife from
chemicals sprayed directly on the water or from residues
washed off the- land into lakes or streams by rain or melting
•now. The problems involved are complicated and controver-
sial, and are being extensively studied by federal and state
agencies and other research establishments.
-------
631
Obviously the ordinary methods for dealing with
••wag* and industrial waste would not be effective for
controlling these apraya. If it is demonstrated by the
investigations in progress that stricter control of chemical
sprays is necessary in order to prevent pollution of waters,
it will have to be applied by direct federal or state regu-
lation of their manufacture, distribution, and use to a
degree not yet undertaken.
Special Problems; (j) Atomic Waste. The use of
atomic energy and the disposal of waste therefrom is under
strict regulation by federal authority. In addition, in any
case where waste from an atomic power plant or other
installation is discharged into waters of the state, the
plans and methods of disposal are examined with care under
the direction of the State Board of Health and the Water
Pollution Control Commission, and permits are required
under strict conditions to insure against water contamina-
tion. As far as can now be foreseen, continuance of these
measures should be adequate for effective protection of the
waters of the state against harmful effects of this type of
waste.
Special Problems; (k) Underground Waters. The
original Water Pollution Control Act of ±9^5 applied only to
surface waters, and conferred no authority over underground
waters on the Water Pollution Control Commission. The
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632
State Board of Health retained the authority which it
already had over underground waters, exercised principally
through the testing of wells and other sources of water
supply and the imposition of restrictions against the use
I
of any source that was found to be contaninated. In earlier •
years these ncthods were sufficient. However, as before
pointed out, these powers of the State Board of Health '
w«re chiefly negative or prohibitory in character. The Board
bad no legal authority to require the adoption of affirmative
or constructive measures (such as the installation of sower
systeeas) for protection of underground waters against
pollution.
The need for such measures has developed on a
wide scale in recent years with the multiplication of septic
tanks, cesspools, and other underground outlets for dis-
posal of sewage or waste from hennas, public buildings,
places of business, and even industries in communities or
other areas not provided with sewers. Such discharges have
been aggravated by two additional factors: (1) the increas-
ing rate of use of water per capita through n< w devices (such
as automatic washing machines, hydraulic garbage disposers,
etc.), in addition to the sinks, bathtubs, and flush toilets
or other water-using devices already in common use; (2) the
increasing use of new chemical compounds as before mentioned
(especially bard detergents), which caust trouble in sewage
-------
633
or waste disposal anywhere, but more especially underground.
Teat* wide by the state Board of Health in recent
years showed that as a result of these conditions, more and
more wells were being contaminated both by detergents or
other chemicals and by potential disease infection borne by
sewage or waste which had percolated through the ground
from septic tanks, cesspools, or other outlets. In some
of the more densely populated communities 50 per cent or
more of the local wells were found to be contaminated. The
contamination was steadily spreading in breadth and depth
under the pressure of the ever-increasing amounts of pollute
water being injected into the ground through the disposal
facilities. In sow< places wbt re the ground was completely
saturated with such discharge s tb^ raw sewag* from septic
tanks and other outlets was overflowing on the surface,
causing both disease hazards and offensive nuisance condi-
tions (for example, in the North Suburban District before
mentioned).
In cases where the contamination is entirely under-
i
ground, the disease hazards can be alleviated, for a time '
at least, by stopping the use of water from the contaminated
wells and installing public water supply systems drawing
their supply from deep wells or other sources that arc free
from contamination. However, underground contamination is
persistent, and in aom* cases it may in time penetrate to
-------
634
the deep wells if the use of septic tanks, cesspools, and
otbcr outlets draining Into the overlying ground is con-
tinued. 3*wage will travel long distances laterally or
vertically through loose gravel disposits, limestone, or
other permeable formations. Hence the only sure and per-
manent cure for a serious underground water contamination
situation is to install both public water supply and sewage
disposal systems and stop the use of underground sewage
disposal devices entirely.
Underground water contamination problems are
coming to light with increasing frequency in different parts
of the state. Unfortunately, in most cases a large volume
of pollution has already accumulated underground before its
ill effects are discovered. It is difficult and expensive
to toll how far the pollution has penetrated or will pene-
trate underground. The effects arc long-lasting and hard
to get rid of—much more so than surface water pollution.
For these reasons, underground water resources of great
value are in danger of serious and lasting damage from such
contamination, especially in areas where the aquifers are
in shallow gravel deposits or limestone formations, and
wbert there are no deep water-bearing strata. l>Ven the
deep aquifers may ultimately be affected by the contamina-
tion, as before stated.
In this situation it is obvious that there is
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635
urgent and widespread need for action on the underground
water pollution problem* of the state. Now that authority
over underground water pollution has been conferred on the
Commission by the Rosenoeier Act before mentioned, this will
constitute one of the major tasks of the Commission for the
future.
SpedaI Problems; (l) Marine Toilets and
Disposal of Sewage jmd_ Other Wastes From Watercraft.
Laws ±961, Chapter 335 (Minnesota Statutes, Section 361.29, !
!
as amended by Laws ±963, Chapter 313) regulates the disposal •
of sewage and other wastes from watereraft and the use of ;
t
marine toilets. This act applies to all watercraft as \
i
defined by the so-called Boat Safety Regulation Act, Laws 1
!
1959, Chapter 592, Section 2, Subdivision 7 (Minnesota ;
i
Statutes, Section 361.02, Subdivision 7). Under the 1963 I
i
amendment the Marine Toilet Act does not take effect until •
January 1, 1965 (postponed from January 1, 1963). The pur-
pose of the postponement was to give the manufacturers of
marine toilets and treatment devices and the operators of
boats using the same time to comply with the applicable
provisions of the Act.
This act prohibits the discharge into waters of
the state from a watercraft of any untreated sewage or
other wastes or the placing or discharging of any container
of sewage or other wastes from a watercraft in or near any
-------
636
waters of the state so as to create a nuisance or health
hazard or pollution of such waters.
The act also requires that any watercraft (except
certain exempted classes) which is equipped with a
marine toilet be also equipped with a treatment device
acceptable to the state Wat'^r Pollution Control Commission,
Responsibility for enforcement of the act
presumably rests upon the sheriffs and other local peace
officers, the same as the Boat lafety Regulation Act,
except for certain duti< ;3 imposed ou the Commissioner of
Conservation, who is requir*d to furnish the sheriff of
each county with a list of treatnu nt devict s acceptable
to the Water Pollution Control Commission.
Thus far, only four treatment devices have been
submitted for evaluation for acceptance and only two
have been accepted. The future work load of the
Commission's staff under this provision will depend on
the number of treatment devices submitted, and this will
undoubtedly increase as the use of such devices increases,
Special Problems; (ro) fork Load of the Water
Pollution Control Commission. For some time after
the Hater Pollution Control Commission wa 3 created in
1945 it held regular meetings quarterly- the minimum
required by the Water Pollution Control Act (Minnesota
Statutes Section 115.02, Subdivision 2), As the work
-------
637
load increased, it was necessary to Meet oftener. For some
tine past the Commission has bold regular day-long meetings
monthly, often running overtime, with additional special
meetings for bearings or other purposes.
The three appointive citizen members of the
Commission receive no pay for their services, being reim-
bursed only for their actual expenses incurred on Commission
business. The four ex-officio members receive no extra
compensation for their services on the Commission, and
must charge their expenses on Commission business to their
own department budgets (Minnesota Statut* Section 115»02,
Subdivision l).
From now on the work load of the Commission will
be much heavier, due to the growth of population and
industry, with corresponding increases in the number
and complexity of pollution problems as be-fore outlined,
also due to additional duties imposed on the Commission by
the Rosenroeior Act and other recent legislation. In con-
sequence still more frequent meetings of the Commission
will be necessary, as well as hearings and other special
services, all of which will increase the demands on the
time of the members. In the past the members have
shouldered the mounting work load aa a matter of duty in
the performance of an important public service, despite
the lack of compensation* However, in the case of the
-------
638
citizen members the time spent on Commission business means
a considerable personal sacrifice, and in the case of the
ex-officio members it means that they muat put in more
overtime to do this work on top of their regular Jobs. Bow
much more work the members of the Commission can be expected
to do under these circumstances without compensation is a
problem for early future consideration by the Legislature.
^peoia 1 Problems; In) Work Load of the Staff.
Pursuant to the provision of the Water Pollution Control
Act before mentioned, the State Board of Health has
designated the Section of Water Pollution Control to per-
form the technical and administrative services requested by
the Commission in its administration of the Water Pollution
Control Act. Personnel of the Section include public health
(or sanitary) engineers, geologists, biologists, chemists,
laboratory technicians, clerical help and others working
under the direction of the Chief of the Section who serves
as executive Engineer for the Commission. In addition,
other administrative and technical personnel of the Depart-
ment of Health are occasionally called on to perform special
services in connection withthe Water Pollution Control
program, especially in cases affecting the public health.
Following is an outline of the duties of the
Section of Water Pollution Control:
(1) Investigate water pollution problems of all
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639
kind*, especially municipal and industrial
••wage «ad waste disposal problems, including
studies of plants aad processes.
(2) Make surveys, investigations, and studies of
lakes, streams, a ad other waters with respect
to water quality, bydrologic conditions, and
other factors for the purpose of establishing
classifications and standards and for use in
connection with particular sewage or waste
disposal problems.
(3) Arrange for hearings on classifications and
standards for waters and other matters; with the
advice and assistance of legal counsel, prepare
evidence and exhibits and present the same at
bearings; review th<. evidence rec< ived, prepare
reports thereof for consideration by the Commission
and prepare drafts for proposed findings, classi-
fications, standards, or other action by the
Commission pursuant to hearings,
(4) Lxaminc plans and specifications for municipal
sewer systems and sewage treatment and disposal
facilities, and for industrial waste treatment
and disposal facilities, inspect sites and
areas involved, take samples and make teats
of sewage or waste and receiving water*, hold
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640
conferences with officials on design of
facilities and requirements to bo met, prepare
conditions for permits and recommendations for
action thereon by the Commission.
(5) Inspect facilities after construction as to
compliance with plans and specifications and
conditions of permits; prepare conditions for
operating permits and recommendations for
action thereon by the Commission.
(6) Inspect operating sewagi treatment plants and
industrial waste control facilities from time
to time with respect to their efficiency and
adequacy.
(7) Conduct training courses for operators of such
plants and facilities,
(8) Keep files and records, carry on correspondence,
collect and analyze data, prepare reports, and
perform other clerical services required in
connection with the activities of the Commission.
(9) Assist in preparation of information for Legis-
lative committees and attend meetings of such
committees to present the same when requested.
(10) Attend meetings of interested officials,
organizations, or the general public and give
information thereat when requested.
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641
(11) •eoeive and review applications frcw munici-
palities for grants for sewage treatment plant
construction from federal allotments, and
develop information necessary for assignment
of priorities therefor by the Commission
(in addition to service on plans, specifica-
tions, and permits, as in other cases),
(12) Perform other services relating to water pollu-
tion control as occasion arises.
The most pressing of the duties above listed art i
those pertaining to services on plans and specifications
and the issuance of permits for sewage treatment and <
industrial waste disposal facilities. Municipal projects i
in this category range all tbx way from short sower exten-
sions to the $22,800,000 expansion of the Twin City
sewage treatment plant now under construction. Industrial
projects range from small cannery lagoons to the complex
waste control systems of giant paper mills. This work must
go forward as rapidly as possible because without it there
can be no construction of such facilities and no progress
in that field of pollution control—the very core of the
entire program.
This line of activity constitutes a major part of
the work load of the staff. It is estimated that in the
calendar year 19635 they have serviced a total of about 550
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642
Municipal and industrial projects, of which 80 were for
substantial sewage or waste treatment facilities and the
remainder for modifications, extensions, or other auxiliary
works.
The staff of the Water Pollution Control Section
has nev
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643
industrial waste control facilities to cheek op oo their
operating efficiency and adequacy. This function is alraoirt
as important as the inspection of construction of the
original facilities, and its effective performance is
essential to the complete success of the water pollution
control program. Present lack of inspection seriously
hampers the program.
Another pinch on the short-banded staff occurs
whenever an emergency case arises, such as the accidental
losses of large quantities of oil on the Minnesota River !
in the winter of ±962-1963, as befor< described. Investiga- s
I
tion of those cas< s and subsequ* nt action to secure installs-!
i
tion of safeguards and pr
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644
that it can perform these additional duties."
This recommendation has never been fully carried
out. 8o»e increasea in appropriations for the Commission
have been made, but they have never been enough to meet the
needs before described.
The work load of both the Commission and the staff
will be greatly increased as a result of the additional
duties imposed on thorn by the Roscnmeiur Act and other
legislation enacted at the ±963 3ossion, as will be discussed
later. Obviously no law, however drastic, can be fully
effective unless sufficient means art provided for its
|
administration and v uforcrw nt. Thi-i probl'-m urges itself !
?
i
upon tho attention of th^ Legislature. j
I
^ccial Problecis; (o) The Ifater Pollution Control |
i
i
Advisory Committee. The present Water Pollution Control j
Advisory Committee was created by a provision of tb© so- !
called Hunger Act, Kxtra Session Laws 1961, Chapter 20,
Section 3 (Minnesota Statutes Section 115.17). This
Committee was patterned more or less after the national
Water Pollution Control Advisory Board created by Congress
under the Federal Water Pollution Control Act (Public Law
660-84, Sec. 7).
It was the hope of the Water Pollution Control
Commission that the Advisory Committee would be helpful
both in promoting the general water pollution control
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645
program and in stimulating construction of sewage treatment
or waste disposal facilities by municipalities and industries
located in the districts of the respective members of the
Committee.
For reasons beyond the control of the Commission,
the Advisory Committee has not been very active up to date.
However, the Commission, with the cooperation of the State
Board of Health, has secured insertion in the current
appropriation budget of an item for the Committee*s expenses
and has also requested Governor Rolvaag to fill present
vacancies in the Committee, hoping thereby to encourage the
Committee to reorganize and undertake the active performance
of its functions.
CHAPTER III
FUTURE ACTION PROGRAM
General Aims. The general aims of the State Water
i
Pollution Control program are two-fold: '
i
I
(1) To abate or control existing pollution;
(2) To prevent new pollution.
The pursuit of these objectives must be organized
i
in specific tasks dealing with the various concrete problems j
I
described in the preceding chapters. A summary of the tasks
demanding action follows. Details will be treated in
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646
succeeding chapters.
Summary of Water Pollution Control Taska
(1) New Sewage Treatment Plants in Sewered Munici-
palities. Secure construction of new sewage
treatment plants in 41 sewered municipalities
DOW without treatment.
Progress will depend on financial
problems and other conditions in the various
municipalities concerned.
(2) Expansion and Improvement ofInadequatfe Existing
Sewage Treattacut Plaats. -Secure expansion and
improvement of inadequate existing sewage treat-
ment plants serving 97 sewered municipalities.
Progress will depend on appropriations
by the Legislature for the cost of necessary
inspections and surveys by the Commission's
staff and on financial problems and other con-
ditions in the various municipalities concerned.
Future inadequacies will be dealt with
as they arise-.
(3) 3ewage Disposal for Unsowered Municipalities.
Make surveys in 410 unsewered municipalities
and other residential communities and take
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64?
action to secure construction of sewage disposal
systems, with adequate treatment facilities,
wherever necessary to prevent or control pollu-
tion of surface or underground waters or to
avert other health hazards or nuisance condi-
tions.
This task will continue indefinitely
as residential development proceeds. Progress
will depend on appropriations by the Legisla-
ture for the cost of surveys by the Commission's
staff and on financial problems and other
conditions in the municipalities and other
localities concerned.
(4) How Industrial Waste Treatment Facilities.
Secure installation of new wast* treatment
facilities in all industrial plants having
separate outlets without such treatment, number-
ing over 430 and comprising nearly one-half of
the total number of such plants in the state.
This task will continue indefinitely
as industrial development proceeds. Progress
will depend on appropriations by the Legislature
for the cost of surveys by the Commission's staff
and on financial and technical problems of the
industries concerned.
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648
(3) Expansion and Improvement of Inadequate
Existing Industrial Waste Treatment
facilities, Sfecure expansion and Improvement
of existing waste treatment facilities at all
industrial plants where suob facilities arc in-
adequate, comprising a large percentage of the
old plants of the state, for which exact figures
arc not available because of insufficient means
for making the necessary inspections by the
Commission's staff.
This task will continue indefinitely
as industrial development proceeds. Progress will
depend on appropriations by the Legislature for
the cost of surveys and inspections by the Com-
mission's staff and on financial and technical
problems of the industries concerned.
(6) Twin City Metropolitan Area tewago Disposal
Problems. Require the making of adequate pro-
visions for future increased sewage flow expected
from the Twin City Metropolitan Area before treat-
ment facilities become overloaded and critical
conditions develop.
This task will continue indefinitely as
population increases. Progress depends on action
by the Cities of Minneapolis and St. Paul and the
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649
present Mlnneapolia-3t. Paul flhnitary District
on comprehensive plans in progress under Chapter
882, LAVS of ±963, on subsequent action thereon
by state and local authorities under the
Rosenmeier Act, on the enactment of new measures
by the Legislature to deal with problems for which
the provisions of the Rosenmeier Act may prove
inadequate, and on financial problems and other
conditions in the affected area.
(7) Minor Sources of Pollution in the Metropolitan
Area. Secure abatement or control of minor
sources of sewage and industrial waste in the
Twin Cities Area and surrounding territory not
taken into the present disposal ;ystcm.
Plans and projects are now in progress
for accomplishment of this task.
(8) Storage of Oil and Other Liquids or Substances.
Regulate the storage of oil and other liquids
or substances under the applicable provisions of
Chapter 874, Laws of ±963, to insure installa-
tion and maintenance of adequate safeguards against
pollution of surface or underground waters.
The Commission is in process of adopting
regulations on this problem.
(9) Oil Spillage on Navigable Waters. Regulate
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65C
transportation and handling of oil and other
liquids and substances on navigable waters so
as to protect the waters against pollution from
spillage.
This task will continue indefinitely.
Progress will depend on appropriations by the
Legislature for the oost of necessary Inspection
and enforcement services by the Commission's
staff or other agencies as authorized*
(10) New ChepicaIs• Provide for the control of new
chemicals used by industry or the- public so as
to prevent creation or aggravation of water
pollution problems therefrom.
This task will continue indefinitely.
Progress will depend on appropriations by the
Legislature for the cost of surveys and research
by the Commission's staff or other agencies and
on financial and technical problem.; of the indus-
tries or localities concerned.
(11) Chemical Sprays. Provide for the control of
chetaical sprays so as to prevent creation or
aggravation of water pollution problems therefrom.
This task will continue indefinitely.
Progress will depend on appropriations by the
Legislature for the cost of surveys and research
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651
by the Cosmisslon's staff and other agencies,
on action by Federal authorities, on financial
and technical problem* encountered, and on other
unforeseeable conditions.
(12) Radioactive Hastes, Keep watch over atomic power
plants and other establishments using radioactive
materials to assure adequate safeguards against
pollution of waters from their wastes.
lltis task will continue indefinitely.
Progress will depend on appropriations by the
Legislature for the cost of surveys and research
by the Commission's staff, ou action by Federal
authorities, on financial a ad technical problems
encountered, and on other unforeseeable conditions.
(13) Recreational Pollution of Laic* s and Streams.
Provide for protection of lakes and streams
against pollution Incident to boating and other
recreational use, through regulation of marine
toilets and other measures.
This task will continue indefinitely.
Progress will depend ou appropriations by the
Legislature for the cost of testing treatment
devices by the Commission's staff, on the efficacy
of enforcement by the Commissioner of Conserva-
tion and local authorities, and on other
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652
unpredictable conditions.
aurveys of Surface miter*> Ifake continuous
systematic survey* of all streams, lakes, and
other surface waters Into which sewage or indus-
trial waste is or may be discharged to determine
present and prospective conditions relating to
pollution and to obtain information needed as
a basis for classification of waters and establish-
ment of standards, for prescribing sewage and
waste treatment requirements, for checking on the
efficacy of sewage and waste treatment facilities, i
i
and for determination of progress in pollution i
1
<
abatement or control. j
The task will continue indefinitely.
Progress will depend on appropriations by the
Legislature for cost of the work.
(15) Survey of Underground Waters. Make a state-wide
survey of underground waters to determine the
nature, location, and extent of present and
prospective pollution from all sources as a basis
for instituting measures to deal therewith, and
thereafter conduct continuous surveys of those
waters for the same purposes as above described
for surface waters.
There is urgent need for an immediate
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653
survey because of the recent extension of the
Conoission's authority to underground waters by
Chapter 874. Further surveys will tx needed from
tine to time. Progress will depend on appro-
priations by the Legislature for coat of the work.
(16) Inspection of Sewage and Waste Treatment Facilitie
Conduct continuous inspection of all sewage and
waste treatment and disposal facilities to deter-
mine the efficacy and adequacy thereof as a basis
for correcting faulty operation and requiring *
improvement or expansion of facilities when
necessary to handle increased s*wag< or industrial
waste loads and meet the standards or conditions
prescribed for adequate treatmt.nt.
This task will continue indefinitely.
Progress will depend on appropriations by tbt
Legislature for cost of the work.
(17) Qualifications and Schools for Sewage Treatment
Plant Operators. Provide for a more effective
certification prograo for sewage trcatwent plant
operators and conduct more extensive short-course
schools for their training.
This task will continue indefinitely.
Progress will depend on appropriations by the
Legislature for cost of the work.
»i
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654
Besetrob. Conduct •ystematio research on sewage
and waste treatment methods and facilities, on
new chemicals and other pollutants, and means of
dealing therewith, and on other pollution problems,
in furtherance of the development and adoption
of the most effective means for prevention, abate-
ment, and control of all types of water pollution.
This task will continue indefinitely.
Progress will depend on appropriations by the
»
Legislature for cost of the work.
(±9) Classification and Standards. Classify and
establish standards for waters, especially whore
necessary for enforces nt purposes.
This task will continue indefinitely.
Progress will depend on need for action for pollu-
tion control iu the affected waters, and on !
i
appropriations by the Legislature for the cost of '
the work.
Details of the foregoing problems will
be dealt with in succeeding chapters. It is the
aim of the Commission to promote aggressive action
on all of them, so far as means for doing the work
are provided, to the end of expediting the accoro- j
i
plisbmi nt of the highest degree of water pollution
control attainable throughout the 'State.
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655
MINNESOTA DEPARTMENT OF HEALTH
Division of Environmental Sanitation
Section of Water Pollution Control
Industrial Waste Treatment*
July 1, 1963
Industry
Total Number
of
Industries
Approximate Number Approximate Number
of Industries Having of Industries
Seoarate Discharge Providing Treatment
1946 1957 1962
1957 1962 I ! 1948 1957 1962
Beet Sugar Proces-
sing
**Brewing 4 Malting
Canning, Freezing,
Pickling 4 Re.
lated
Chemicals, Syn-
thetics, Ferti-
lizers 4 Related
Electric Power,
Steam 4 Nuclear
Reactors
Gravel Washing,
Non-Ferrous
Mining 4 Re-
lated
Iron Ore Mines 4
Concentrators
Meat Packing
Metal Plating 4
Treating 4
Maintenance
Shops
*«Milk Receiving 4
Processing
Paper( Pulp 4
Related
Petroleua Refining
Potato Processing
2
21
36
5
4
17
t
i
4
15
1
2
20
46 48 30
.
i • i
3 11
1 ;
,11 17 > 20 i
i '
50
5
11
i
50 loo '
50
1
t
119 281
11
12
198
14 j
i
i
i
!
5
698
119
4
l
17 32
776 , 581
' 2
1
370
i i
1
7 8 ' 8
2
1
4 I*
3
7
2
« i
2
t |
; I
1
4
16
|
1
5 (
i i
t
30
32 ;
i
3 9 i
17
i
i
'
20 i
i
i
I
! 1
1
(
75 100
i
281 198 j
5 6
i i
i
;
i
1
8 16 i
! i
' t
400 299 :
i
i
8
3
8
8 i
4 :
16
l
2 ' 4
2
4
3 : ^
I
1
Zk
28
'
1
5
3
8
2 15
40 ; 180
20
9
9
34
193
2 3 1 6
:
i
I
0
i 125
1
1
7
2
0
\
5 8
137
8
3
5
80
8
k
8
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-2-
631>
Industrial Wft(a« Tr»«U»nt» (eor.tM
July I, 196)
Total
Number
Industry
of Industries Hiving
t'rxviiifut
n^fl i<;57 19^2 I'y^ l'>5
Poultry Packing 5* ?•> 60 «">
l^.' i'y^6 I'"? 15^ C
11 n ~ ' i *
Rendering A Mink , ,
Food 2 3 25 '28 21 1 \"» • \'j i :•?
i
••Slaughtering, Lockef
Plants, Fish Tack-
ing * Relat<*d '• "1^ ' 59^* 501 1T> 1
i
Steel Mills A 2 ! ? 2 , ?
Tanneries 2 1 2 1 1
Vegetable Oil
Extraction 4 > 6 7 ': 4
••Woolen Mills & j •
Textiles ! 11 | 9 6:5
Laundromats ' 0 52 100 | 0
Totals 1,384 1,996 'l,748 ! 784 11,1
i
96 166 • ' 4-- i ?S | 6^.
I
? , 2 1 0 ' 2
1 2 '. 0 ' 1 1 1
i i
i
^ 4 i i u § 4 , 3
I
I
41 1 , 1 • 1 : 0
1 ;
12 • _2J *j 0 ; 1 , 2
i !
24 '935 : 267 ' 503 i 479
*So*e figures estimated and not checked in detail.
"Not including first class cities.
WPC 1671
GPO 878-448
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