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June 2022
Wet spring raises issue of
wastewater overflows, bypasses
This year’s wet spring drew attention to the increased number of extreme weather events we have been experiencing in Minnesota, in some cases leading to emergency overflows, release and/or bypasses of partially or untreated wastewater to nearby surface waters. When these events occur, wastewater operators are required to report to the Minnesota Duty Officer, discontinue the overflow, release or bypass as soon as possible, attempt to recover materials, and collect representative samples. Operators are also encouraged to notify those downstream that might be affected, such as lake residents, water supply providers, public access or use areas, and others.
Even though most wastewater facilities do take steps to notify downstream users when overflows and bypasses happen, these notifications should be made a requirement. During the recent Legislative session, the MPCA introduced for the second time a measure that would do that. The item did not pass this session but may be introduced again at a future session.
“As our climate becomes wetter, wastewater treatment plants can become overwhelmed during extreme weather events,” says Municipal Division Director Nicole Blasing. “That is why the MPCA wants cities to maintain and invest in needed infrastructure and to require the notification of downstream users when untreated and partially treated wastewater is released.”
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First of five wastewater listening sessions set for Rochester June 21
The MPCA will be holding regional wastewater talking/listening sessions throughout the state this summer allowing you to share your experiences related to environmental protection and offer ideas about how the MPCA could better support your facility. Wastewater operators continually respond and modify daily operations to help keep Minnesota’s waters healthy. Plan to attend one of five sessions near you to share your successes and challenges, and discuss how the MPCA might improve its role in helping you and other operators protect the environment and human health. The first session will focus on southeast Minnesota facilities:
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Rochester Area: Tuesday, June 21, from 2-4 p.m. at the Rochester Water Reclamation Plant (301 37th Street NW, Rochester)
Future session locations and dates will be announced soon.
GreenCorps positions available to serve across Minnesota
The Minnesota GreenCorps Program is an AmeriCorps program coordinated by the MPCA. We are currently hiring for 48 member positions. Minnesota GreenCorps members serve with local governments, non-profits, or educational institutions statewide September 2022 through August 2023.
We are excited to partner with 15 host sites in Greater Minnesota for the upcoming program year. Below is a list of positions located near each of the regional offices, as well as the focus area of each project.
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Positions near Brainerd & Detroit Lakes offices:
-- Beltrami SWCD in Bemidji – green infrastructure improvements
-- Concordia Language Villages in Bemidji – waste reduction, recycling, and
organics mgmt
-- Discovery Woods School in Brainerd – air pollutant reduction
-- Hubbard County in Park Rapids – waste reduction, recycling, organics mgmt
-- Leech Lake Band of Ojibwe in Cass Lake – air pollutant reduction
Positions near Duluth office:
-- Essentia Health in Duluth – air pollutant reduction
-- Fond du Lac Band of Lake Superior Chippewa in Cloquet – air pollutant
reduction
-- St. Louis County in Duluth – air pollutant reduction
Positions near Mankato & Rochester offices:
-- City of Faribault – community readiness and outreach
-- City of Rochester – green infrastructure improvements and waste reduction,
recycling, and organics mgmt
-- Gustavus Adolphus College in St. Peter – waste reduction, recycling, and
organics mgmt
-- Mower County Recycling Center in Austin – waste reduction, recycling,
and organics mgmt
-- Rice County Environmental Services in Faribault – waste reduction,
recycling, and organics mgmt
-- River Bend Nature Center in Faribault – community readiness and outreach.
Application Instructions: Visit www.pca.state.mn.us/mngreencorps to learn more about the program, review position summaries, and apply online by June 16. Contact mngreencorps.pca@state.mn.us with questions.
New regulatory mechanism guidance available for MS4 permittees
The MPCA has released new guidance for MS4 permittees covered under the 2020 MS4 General Permit. The guidance document, “Model” MCM 4 and MCM 5 regulatory mechanism guidance (wq-strm4-98), is available for download .
Permittees may use this to help develop a regulatory mechanism that meets the associated permit requirements of MCM 4: Construction Site Stormwater Control and MCM 5: Post-Construction Stormwater Management. If you have questions, please contact Brian Green at brian.green@state.mn.us.
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NPDES-noncompliance can spark Clean Water Act citizen's suits. Here's what they are
In the last five years, MPCA has received notice letters for Clean Water Act citizen suits for six wastewater facilities. You may be a facility that received a notice, or you may have heard about these types of lawsuits and wondered what they are. Here is a brief description of these types of suits.
This information does not constitute legal advice. If you receive a 60-day letter, you should contact your legal counsel.
What is a Clean Water Act citizen suit?
A “citizen suit” is litigation brought by a private individual, or private organization, to enforce public laws. The lawsuit is brought against a National Pollutant Discharge Elimination System (NPDES) permittee when the person bringing the lawsuit thinks an environmental law has been violated. The intent of the lawsuit is to enforce violations of effluent limits or permit terms that the person bringing the suit thinks the government is not addressing. The lawsuit essentially asserts that government is not enforcing, so citizens are filling that gap.
Citizen suits are allowed under federal law
If the holder of an NPDES permit is not complying with effluent limits or other permit terms, the MPCA can enforce the permit. However, although MPCA takes all violations seriously and has a variety of enforcement tools to use, we do not immediately issue an enforcement action for every violation.
In cases where MPCA has not brought an enforcement action, the Clean Water Act allows citizens to bring lawsuits against a permittee. The Clean Water Act section that allows these suits is called “section 505” and the statutory citation is 33 US Code section 1365.
Why would someone bring a citizen suit?
Hopefully, the primary reason for a citizen suit is to solve harm to the environment. However, someone may bring a suit because they don’t think the MPCA is doing enough or not acting quickly enough. There are also monetary reasons that motivate some people to file a citizen suit. The penalties that can result from a citizen suit under federal law, can be higher than the penalties allowed under state enforcement laws.
What is required to bring a citizen suit?
The first requirement is a description of an alleged violation of the Clean Water Act. Entities considering bringing a lawsuit will look to publicly available data. Because public data sources are often used, it illustrates the importance of submitting accurate data on discharge monitoring reports. Public data sources include the MPCA wastewater data browser and the US EPA Enforcement and Compliance History Online (ECHO) database.
Another requirement is showing that the person bringing the lawsuit might have been injured by the alleged violation. For example, the lawsuit may state that the identified injured party used a waterbody for recreation in the past and would do so in the future; and that the alleged violation of an effluent limit which was exceeded may impair that person’s recreational enjoyment of the waterbody.
Notice of a suit can bring about "diligent prosecution" by MPCA to resolve issues
Anyone who wants to file a citizen suit must give the permittee notice of their intent to file 60 days before the actual filing of the lawsuit in court. This requirement gives the permittee and the MPCA an opportunity to achieve compliance without litigation. “Diligent prosecution” by the MPCA of the violations bars the filing of a citizen suit after a governmental enforcement action has started. The diligent prosecution must have results that make the alleged violations unlikely to recur because the permittee will comply with permit requirements. Diligent prosecution includes active litigation or litigation that has concluded. It also includes an active or completed enforcement action by MPCA.
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Some municipal wastewater permit writer assignments shifting
Effective July 1, 2022, some municipal wastewater permit writer county assignments will change (click here or on the map to see who will be assigned to your county).
If your facility is located in a county that is being reassigned to a different permit writer, you will be contacted by that person once the permit has been transferred. This email contact does not signify that work is being done to complete your permit at this time but rather to communicate your new permitting contact. If your permit is currently in progress and in the later stages of development, it is likely the existing permit writer will finish this reissuance prior to transferring the permit.
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Permit termination requests required via e-services
Permit termination requests have been available via the MPCA’s e-Services since the spring of 2019. Beginning June 1, 2022, permit termination applications need to be submitted via the e-Service. Paper applications will no longer be accepted. Wastewater discharge permit holders are able to create/log into their accounts to apply for a permit termination. Additional instructions can be found here.
The permit terminations will not be automatic. Following submittal, the agency will review the request and the assigned permit writer will send a confirmation letter. If you have questions, please contact your assigned permit writer.
2022 Salt Symposium is Aug. 2-3. Register early for discount
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Early bird registration has begun for the 2022 Salt Symposium (Aug. 2-3). A 20% percent discount applies if you register now through June.
Learn more about this year's agenda of speakers and topics, at 2022 Salt Symposium.
MPCA Commissioner Katrina Kessler will be one of the keynote speakers the morning of Aug. 2. She will speak on Gaining Traction on Chloride Challenges in Minnesota.
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EPA releases nonpoint source watershed projects data explorer
The EPA has launched a web mapping application to explore nonpoint source (NPS) watershed projects throughout the nation. The app contains information on the location of implemented NPS projects, how Section 319 grant funds are used, and progress toward meeting pollution reduction goals.
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Grants available for improving air quality through pollutant reduction
By reducing air pollution, especially from pollutants that have a higher impact on human health and the environment than others, we can improve air quality and bring everyone access to the same clean air. The MPCA is offering approximately $89,000 to help small businesses, governmental agencies, educational institutions, and non-governmental organizations take the leap and improve their environmental stewardship. Projects to acquire different equipment, update processes, or switch to cleaner products can save organizations money and protect the health of their employees and neighbors. The application deadline is July 27. Check here for more information.
Wastewater training
Upcoming opportunities
Wastewater training events, exam certification events, and access to wastewater resources are available at the MPCA Wastewater Operators Training and Certification webpage. Upcoming training events include:
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Pump Workshop, June 15, 8 a.m. to 4:30 p.m. at General Repair: 3535 International Drive, Vadnais Heights. Take this if you operate, maintain or troubleshoot submersible or dry pit pumps. Includes pump theory, maintenance, packing, seals, bearings, control panels, troubleshooting and a hands-on session. (6) contact hours. No exams given.
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Wastewater Treatment Basic, 5 Day Online Training Event, 8-11:30 a.m. on Aug. 2-3 and Aug. 8-10. Recommended for entry-level operators or as a review for experienced operators. Seminar covers wastewater terminology, treatment types, phases, wastewater math, sampling, reporting and safety. (16) contact hours. Exams offered on Aug. 11 (in-person) at Jimmy's Conference Center, 3565 Labore Rd, Vadnais Heights.
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PFAS (Mini-session), August 16, 8-10 a.m. Online mini-session. This webinar will cover topics and regulations related to PFAS in wastewater and biosolids. (2) WW contact hours.
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Collection System Basic, 5 Day Online Training Event, 8-11:30 a.m. on Aug. 23-25 and Aug. 30-31. Of interest to collection system and wastewater operators who operate and maintain collection systems. Covers pumps, control panels, traffic control, collection system math, along with operation and maintenance of collection systems. (16) contact hours. Exams offered in person on Sept. 1 at Jimmy's Event Center, 3565 Labore Rd, Vadnais Heights.
2022 Annual Conference feedback
The annual Wastewater Collection Systems Conference and the Wastewater Operations Conference were condensed into two days (March 21st and 22nd ) and delivered online. Attendance was approximately 460. This number included speakers, vendors, and MPCA staff. On a rating scale of 1 to 5 stars; 75% of respondents rated the conference 4 or 5 stars. Comments and feedback included:
- Appreciation for the flexibility to offer the conference online with the ability to participate from home, or at work.
- The ability to watch presentations that were missed or conflicted with other content at another time (up to 60 days after the conference)
- Attendees said they missed meeting peers in-person and the networking that takes place with in-person events, and;
- The vendor/trade show is best suited for in-person events.
Feedback is guiding our plans for 2023, which include offering the conference as an in-person event, if the pandemic and evolving health risk considerations allow.
Environmental permitting questions? MPCA trainings provide answers
Complying with environmental regulations can be a challenge. Have you ever looked for information only to get lost in the details or irrelevant topics?
New interactive online trainings from the MPCA help small businesses find straightforward guidance on their own schedule. Start with Environmental permitting for small businesses, a 12-minute overview that covers potential air, water, waste, and storage tank regulatory compliance requirements. Do I need an air permit? will cover which activities release air pollutants and help you identify the type of permit needed to comply with state and federal rules. An additional training covers the requirements for air pollutant control equipment and accounting for pollutant reduction efficiencies.
Staffing changes & event cancellations
Annaliza Heesch, who has been our business administrator and registration coordinator, has accepted a new position as a supervisor with the MPCA. She will continue to help with wastewater registration and training support until that role is filled. We are fortunate to have had Annaliza coordinating the administrative and registration components of the program and we are glad her experience will remain within the MPCA.
Marcus Weikert accepted a new position outside the MPCA as a training coordinator for the Minnesota Rural Waters Association. The good news is we will still be able to work with Marc in his new capacity.
Mamadou Toure is the newest addition to the Certification and Training Unit as our new instructional designer serving Minnesota’s wastewater operators, septic system professionals, and landfill operators. Mamadou will lead the Need-to-Know (N2K) process for our environmental certification programs, where his goal will be to align the job tasks, curriculum priorities, and exam competencies for our 24 different specialty area certifications awarded across the three programs.
Mamadou brings with him experience in curriculum development, program evaluation, and spent many years working for USGS and AmeriCorps on ESR (Emergency Stabilization and Rehabilitation) projects on wildfires in the Great Basin, at offices based in Boise, ID, and Reno, NV.
Cancellations. Despite these changes and transitions, only two events have been cancelled. They are:
- The Industrial Wastewater Treatment webinar scheduled for June 21, 2022, and
- The Wastewater Certification Preparation Seminar (in-person event) scheduled for September 27-29 in Baxter.
These two events are being removed from our website and we are reaching out to all those already enrolled in these events.
Remember, all wastewater certification and training events can be found on the 2022 Wastewater Operator Training Calendar.
Webinar in July
On July 13th from 1-2 p.m., two MPCA staff engineers will be hosting the second of four quarterly municipal wastewater webinars. This session will be on “Sanitary Sewer Service Laterals Ordinance/Upgrades: Examples and Funding Options”.
An email with information specific to the topic as well as a link to the event will be emailed out via Gov Delivery at least two weeks in advance of the webinar date.
One Wastewater Contact Hour is available for each webinar attended.
Upcoming webinars:
October 5, 2022 – 1– 2 p.m.
“Effluent Limits – An explanation of the Limit Calculation Process”
January 4, 2023 – 1– 2 p.m.
“How to Effectively Work with your Industrial Users”
Contact Joel Peck at joel.peck@state.mn.us or 651-757-2202 with questions.
eDMR news
Compliance tip
Did you know laboratories retain your wastewater sample after performing analysis and providing you with your sampling results? The duration for how long a laboratory retains a sample may vary so contact your lab for details.
Below are a few scenarios where you may want to contact your laboratory to see if the sample is retained for additional testing. It may keep you in compliance with your permit:
- Missed sample: If you forgot to request analysis for a specific parameter on your chain-of-custody form or your laboratory forgot to perform analysis for a specific parameter, contact the laboratory to see if they can test to avoid a missed sample.
- Questionable results: When reviewing your sample results and you find a value that does not seem correct, consider having the laboratory perform a re-test on the sample. Both results are required to be reported on your DMR.
Send All water quality submittals electronically
Please send in all Water Quality Submittals electronically to the email address in the link below. The MPCA will continue to process regular mail received through the U.S. Postal Service and other delivery services for the time being, but will begin phasing out the receipt of hard copy submittals. If you are mailing large files on an electronic device, for example permit applications, please send on a thumb (flash) drive rather than a CD.
All permit-required submittals should now be emailed this includes DMR Authorization Agreements and Removal Forms, Pretreatment Annual Reports and Whole Effluent Toxicity Tests (WET Tests). This process does not pertain to permit applications and checks, those should still be submitted through regular mail. This enables us to provide a more efficient response to those submittals, while reducing the need for paper and saving postage costs.
Follow these easy steps:
If you have any questions about which documents can be submitted electronically or the process, please contact your assigned MPCA data manager or compliance staff person.
Organization is key to managing DMR data
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Being organized is key to successful submittal and management of your DMRs. Please create folders on your computer to save your information to and for easy access to your files. Also, make sure you are naming your files with useful phrases in order to differentiate between the various types of documents that need to be submitted.
Shown are some examples of file folders and naming conventions.
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