Minnesota Statutes

Minn. Stat. § 115.07 (2026)

Violations And Prohibitions

✓ current as of May 2026
Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Subdivision 1.Permit required.

(a) Except as provided in paragraphs (b) and (c), it is unlawful for any person to construct, install, or operate a disposal system, or any part thereof, until plans and specifications for the disposal system have been submitted to the agency, unless the agency waives submission of the plans and specifications and a written permit for the disposal system is granted by the agency.

(b) If a person who discharges a pollutant into the waters of the state is required by statute or rule to obtain a national pollutant discharge elimination system permit or a state disposal system permit, the person may construct or install, prior to issuance of the permit, at the person's own risk, a disposal system or any part thereof, unless the action taken:

(1) is prohibited by federal law or regulation;

(2) is by a municipality constructing a wastewater system with a design capacity of 200,000 gallons per day, or less;

(3) is subject to environmental review under chapter 116D, and prohibited from commencing construction until that process is completed;

(4) is subject to a grant or loan agreement under chapter 446A;

(5) requires a construction stormwater permit under rules of the agency; or

(6) requires a subsurface sewage treatment system permit under rules of the agency.

(c) The person is prohibited from operating the system or discharging pollutants into the waters of the state until a written permit for the discharge is granted by the agency and until plans and specifications for the disposal system have been approved, unless the agency waives the submission of plans and specifications.

(d) For disposal systems operated on streams with extreme seasonal flows, the agency must allow seasonal permit limits based on a fixed or variable effluent limit when the municipality operating the disposal system requests them and is in compliance with agency water quality standards.

Subd. 2.

[Repealed, 1973 c 374 s 22]

Subd. 3.Permission for extension.

(a) Except as provided in paragraphs (b) and (c), it is unlawful for any person to make any change in, addition to, or extension of any existing disposal system or point source, or part thereof, to effect any facility expansion, production increase, or process modification which results in new or increased discharges of pollutants, or to operate such system or point source, or part thereof as so changed, added to, or extended until plans and specifications therefor shall have been submitted to the agency, unless the agency waives submission of the plans and specifications and a written permit for the change, addition, or extension is granted by the agency.

(b) If a person who discharges a pollutant into the waters of the state is required by statute or rule to obtain a national pollutant discharge elimination system permit or a state disposal system permit, the person may, prior to issuance of the permit, at the person's own risk, act to change, add to, or extend an existing disposal system or point source, or part thereof, unless the action taken:

(1) is prohibited by federal law or regulation;

(2) is by a municipality constructing a wastewater system with a design capacity of 200,000 gallons per day, or less;

(3) is subject to environmental review under chapter 116D, and prohibited from commencing construction until that process is completed;

(4) is subject to a grant or loan agreement under chapter 446A;

(5) requires a construction stormwater permit under rules of the agency; or

(6) requires a subsurface treatment system permit under rules of the agency.

(c) The person is prohibited from operating the system or discharging pollutants into the waters of the state until a written permit for the discharge is granted by the agency and until plans and specifications for the disposal system have been approved, unless the agency waives the submission of plans and specifications.

Subd. 4.

[Repealed, 1973 c 374 s 22]

Subd. 5.

[Repealed, 1963 c 798 s 16]

Subd. 6.

[Repealed, 1973 c 374 s 22]

Notes of Decisions
Cited in 5 cases, 1974–1985 · leading case: United States v. Reserve Mining Co., 394 F. Supp. 233 (D. Minnesota 1974).
United States v. Reserve Mining Co., 394 F. Supp. 233 (D. Minnesota 1974). · cites it 5× “§ 115.07(1). The statute in question states: It shall be unlawful for any person to construct, install or operate a disposal system, or any part thereof, until plans therefor shall have been submitted to the commission unless the commission shall have waived the submission…”
United States v. Reserve Mining Co., 380 F. Supp. 11 (D. Minnesota 1974). · cites it 2× “Further it is claimed that Reserve has no permit for its discharge into the water from the pilot plant, main plant, and mine pits and is in violation of Minn. Stat. § 115.07 . As for the discharge into the air it is claimed that this is in violation of Minnesota Regulations APC…”
State of Minnesota, by Its Attorney Gen., Warren Spannaus, & Its Pollution Control Agency v. Martin R. Hoffman, as Sec'y of the Army, 543 F.2d 1198 (8th Cir. 1976). “The second, the Minnesota Disposal System, Minn. Stat. § 115.07 , is an independent state permit program, not authorized by federal law, and not submitted to EPA for approval.”
Reserve Mining Co. v. Env't Prot. Agency, 514 F.2d 492 (8th Cir. 1975). · cites it 3× “081(1), which require that permits be obtained for the operation of certain emission facilities; 4) that Reserve’s discharge of wastes into the Dunka and Partridge Rivers of Minnesota violates Minn.Stat.Ann. § 115.07(1), which requires a permit for the operation of a disposal…”
In Re Authorization to Discharge & Construct Waste-Water Treatment Facilities, 366 N.W.2d 118 (Minn. Ct. App. 1985). · cites it 2× “See Minn.Stat. § 115.07, subd. 3 (1984). While the EPA has veto power, however, the EPA does not have “approval authority” over these permits.”
— Minn. Stat. § 115.07(1) — 2 cases
United States v. Reserve Mining Co., 394 F. Supp. 233 (D. Minnesota 1974). “§ 115.07(1). The statute in question states: It shall be unlawful for any person to construct, install or operate a disposal system, or any part thereof, until plans therefor shall have been submitted to the commission unless the commission shall have waived the submission…”
Reserve Mining Co. v. Env't Prot. Agency, 514 F.2d 492 (8th Cir. 1975). “081(1), which require that permits be obtained for the operation of certain emission facilities; 4) that Reserve’s discharge of wastes into the Dunka and Partridge Rivers of Minnesota violates Minn.Stat.Ann. § 115.07(1), which requires a permit for the operation of a disposal…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.