3.0 Regulatory Framework

Transcription

1 3.0 Regulatory Framework Various units of government are involved in regulating water resource related activities. For example: The Board of Water and Soil Resources (BWSR) oversees the state s watershed management organizations (both joint powers and watershed district organizations), oversees the state s Soil and Water Conservation Districts, and administers the rules for the Wetland Conservation Act and metropolitan area watershed management. The Minnesota Department of Health administers the Well Management Program, the Wellhead Protection Program, and the Safe Drinking Water Act rules. The Minnesota Environmental Quality Board administers the state s environmental review program, including Environmental Assessment Worksheets (EAW) and Environmental Impact Statements (EIS). The U.S. Army Corps of Engineers administers the Section 10 of the Rivers and Harbors Act permit program, and the Section 404 permit program. Table 3-1 summarizes water resource related programs administered by various regulatory agencies. Table 3-2 summarizes the water resource related ordinances or policies administered by the BDWMO member cities. The BDWMO does not administer a permit program. Rather, the BDWMO relies on the member cities to maintain regulatory control and responsibility for water resource management related activities in the BDWMO. The following sections describe the units of government involved in water resource related activities, according to topic. 3.1 Public Waters and Shoreland Management The DNR s Protected Waters and Wetlands Permit Program (Minnesota Statutes 103G) requires a DNR protected waters permit for any work below the Ordinary High Water elevation (OHW) or any work that will alter or diminish the course, current, or cross-section of any protected water, including lakes, wetlands and streams. For lakes and wetlands, the DNR s jurisdiction extends to designated U.S. Fish and Wildlife Service Circular #39 Types 3, 4, and 5 wetlands which are 10 acres or more in P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-1

2 size in unincorporated areas, or 2.5 acres or more in size in incorporated areas. The program prohibits most filling of protected waters and wetlands for the purpose of creating upland areas. The Public Waters and Wetlands Permit program was amended in 2000 to minimize overlapping jurisdiction with the Wetland Conservation Act (WCA). The DNR jurisdiction over some activities (e.g. road and shoreline access) that would change the course, current or cross-section of a Public Water Wetland (those designated with a W), is automatically waived to the Local Government Unit (LGU) for administering the WCA. For other activities, the DNR has the discretion to waive permit jurisdiction to the LGU. For projects in which the DNR waives jurisdiction or projects adjacent to a Public Water or Public Water Wetland, a DNR representative has been added to the Technical Evaluation Panel (TEP). For projects with DNR jurisdiction, an individual DNR permit is required using DNR rules and WCA sequencing and replacement rules. The DNR has retained jurisdiction over all Public Waters (those designated with a P). The BDWMO member cities cooperate with this program by referring project proposers to the DNR and the LGU. Figure 7 shows the DNR Public Waters Inventory (PWI). The legislative amendments passed in 2000 also allow the DNR to reclassify public water wetlands. The changes establish a case-by-case process to allow the DNR to initiate changes to the Public Waters Inventory (PWI), which include: 1. Changing Public Water Wetlands to Public Waters if the wetlands are subject to shoreland zoning or are lacustrine wetlands, or 2. Taking Public Water Wetlands out of DNR jurisdiction and putting them under WCA jurisdiction. The DNR must obtain approval of all LGU s for the changes to become effective. No formal sorting process has been initiated by DNR for reclassifying all Public Water Wetlands. Suppliers of domestic water to more than 25 people or any applicant proposing a use that exceeds 10,000 gallons per day or 1,000,000 gallons per year must obtain a water appropriation permit from the DNR. Cities are required to adopt DNR-approved shoreland ordinances, in accordance with the DNR s priority phasing list. All of the member cities have shoreland ordinances. Dakota County also has a shoreland ordinance (Shoreland and Floodplain Management Ordinance Ordinance No. 50). Since P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-2

3 the BDWMO is not a permitting agency, it typically has not been involved in shoreland management issues. 3.2 Wetlands There are federal, state, regional and local regulations pertaining to wetland management. Federal regulatory programs include the following: Section 10 of the Rivers and Harbors Act The Corps of Engineers (COE) is the responsible agency for this program, which regulates the placement of structures and/or work in, or affecting, navigable waters of the United States. Section 404 of the Clean Water Act The COE has primary responsibility for administering the program but the Environmental Protection Agency (EPA) can appeal to a higher COE authority or veto a COE decision. This program regulates the discharge of dredged or fill material into waters of the United States, which includes some wetlands (i.e. interstate wetlands, wetlands hydrologically connected to interstate waters, but not isolated wetlands). There are basically two types of Section 404 permits in Minnesota: (1) General Permits/Letters of Permission, and (2) individual permits. Section 401 of the Clean Water Act The Environmental Protection Agency delegated responsibility for this program to the MPCA. Activities which require a Section 10 permit, Section 404 individual permit, or Federal Energy Regulatory Commission permit must first obtain Section 401 water quality certification from the MPCA stating that the activity conforms to state water quality standards. Food Security Act of 1985, Swampbuster The U.S. Department of Agriculture, through the Farm Service Agency and the Natural Resources Conservation Service, handles administrative and technical requirements. The program regulates the alteration of wetlands for agricultural use and prohibits farmers who receive federal subsidies from draining wetlands. Alteration of a wetland results in ineligibility for all government price and income support programs. The COE is responsible for issuing permits for activities which result in the discharge of dredged or fill material into waters of the U.S., irrespective of Federal farm program participation. P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-3

4 State regulatory programs include the following: Protected Waters and Wetlands program, Minnesota Statutes 103G The DNR is the responsible agency for administering this program (see Section 3.1 of this plan for changes to jurisdiction and administration). Wetland Conservation Act of 1991 (WCA) Local Government Units (LGUs) are responsible for administering the rules. The intent of the WCA is to promote no net loss of wetlands. The WCA rules regulate draining and filling activities in all wetlands not under the jurisdiction of the DNR, excavation in permanently or semipermanently flooded portions of Type 3, 4, and 5 wetlands, and some activities in DNR Public Water Wetlands. The WCA rules do not regulate activities within DNR Public Waters. The WCA rules (Minnesota Rules 8420) require that drained and filled wetlands be replaced at a minimum replacement ratio of 2:1 in non-agricultural areas. Local units of government may have stricter wetland regulations. The WCA allows for the preparation of wetland management plans by LGUs that may give them more flexibility through a regional wetland analysis. These plans need to go through a public review process and become effective upon adoption by the local government unit if the BWSR board does not disapprove it. The DNR is involved in enforcement of the WCA and is responsible for identification, protection and management of calcareous fens. The Minnesota Legislature significantly amended the WCA four times. The most recent amendments were made in 2000, with most changes effective August 1, Following is a summary of the significant changes: 1. Fees for Services. Allows local governments to charge fees for technical or administrative services rendered in assisting project sponsors with WCA or other related regulations. 2. Regulated Activities. Adds excavation as a regulated activity in permanently or semipermanently flooded portions of Type 3, 4, and 5 wetlands. 3. Wetland Replacement Location. Sets closer is better preference for wetland replacement and allows flexibility for replacement in adjacent county or watershed, in conformance with the criteria in the Minnesota Wetland Conservation Plan. 4. Wetland Replacement Ratio. Eliminates the complex system of determining the minimum replacement ratio in favor of a simple system containing three categories: a) In-kind, b) Out-ofkind: direct replacement and c) Out-of-kind: banking. P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-4

5 5. Public Roads. Allows for flexible reporting of road impacts through an annual meeting with the technical review authorities or when the project proposal is complete. Also provides for statefunded replacement/mitigation for all wetland impacts involving existing public roads, except for state public transportation projects. 6. Federal Consistency. Eliminates the deductibility of the WCA s de minimus exemption from the replacement standards, to conform with the abbreviated Federal permit review procedures under the new General Permit/Letter of Permission process that replaced the Corps Section 404 nationwide permits in Minnesota. 7. Wetland Boundary and Type Determinations. Allows a landowner to apply for a wetland boundary or type determination independent of another determination (e.g. replacement plan or exemption) so that landowners can get the technical matters on a property resolved before spending effort on a specific project proposal. As part of administering the WCA rules, the designated LGUs are responsible for revie wing the accuracy of wetland delineations, wetland functions and values assessments, and wetland replacement plans. The member cities are the LGUs responsible for administering the WCA within the BDWMO. Other state rules include: State Water Quality Standards, Minnesota Rules 7050 The MPCA is the responsible agency. The rules include water use classifications and water quality standards for wetlands that are narrative rather than numerical. The rules include a mitigative process to protect wetlands from significant adverse impacts and to maintain nondegradation of wetland designated uses. Although not prohibited, the MPCA discourages the use of wetlands for stormwater treatment. Figure 7 shows the wetlands located within the BDWMO (more information on wetlands is presented in Section and Section 4.4.2). There may be additional wetlands smaller than approximately 0.5 acre in the watershed that are not shown on the map. Minnesota Rules 8410 require the WMOs or cities to determine wetland functions and values, and include criteria for wetland buffer strips in their watershed management plans. The Metropolitan Council encourages older cities to focus on redevelopment issues and public education regarding wetland protection and the importance of vegetative buffers. P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-5

6 In addition to the cities, potential permittees should also contact the U.S. Army Corps of Engineers, the DNR, and the MPCA for wetland permit information. The cities of Apple Valley, Burnsville, Lakeville and Savage have ordinances or policies pertaining to wetland protection. The cities of Burnsville, Lakeville and Savage have also performed wetland inventories and classified wetlands (see Section 4.4.2). 3.3 Stormwater Management The Metropolitan Council requires cities to adopt stormwater management ordinances as part of their comprehensive plan updates. Specific to older, fully developed (or nearly fully developed) cities, the Metropolitan Council encourages them to pass a stormwater ordinance that focuses on redevelopment issues and requirements for best management practices at redevelopment sites. The Metropolitan Council s adopted Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies includes three requirements: (1) local governments must adopt design standards (such as NURP) for new stormwater ponds that will reduce pollutant loadings from stormwater runoff, (2) local governments must follow the best management practices given in the MPCA s 2000 document Protecting Water Quality in Urban Areas, or an equivalent set of standards, and (3) local governments must adopt the DNR s shoreland regulations, as required by the DNR s priority phasing list (see Section 3.1). The Metropolitan Council developed a model stormwater ordinance that addresses the first two requirements. The MPCA developed a later model stormwater ordinance. Under the U.S. Environmental Protection Agency s (EPA) Storm Water Phase II NPDES Rules, municipal storm sewer systems serving populations under 100,000 that are located in urbanized areas, will be required to obtain a NPDES permit under the Clean Water Act. The Phase II rule takes a best management practice approach, providing municipalities with the flexibility to decide what practices to implement. Municipal Phase II stormwater programs are to be composed of six minimum control measures, including: Public education and outreach (including at least one public meeting per year); Public involvement and participation; Illicit discharge detection and elimination (including map of all storm sewer outfalls); Construction site storm water runoff control (including ordinance or regulatory mechanism, site inspection and enforcement); Post-construction stormwater management (including ordinance or regulatory mechanism); P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-6

7 Pollution prevention, or good housekeeping, for municipal operations (including training of staff, annual inspection of outfalls, and annual inspection of structural pollution controls). Municipalities may be able to use existing programs to satisfy these control measures, thereby avoiding program duplication. The use of general, rather than individual, permits is encouraged. The Phase II rules require operators of construction sites disturbing one to five acres to obtain a NPDES permit. Types of controls could include filter fences, storm drain inlet protections, and temporary mulching and seeding of exposed land areas. The NPDES Phase II permit application must include an attached summary of the Storm Water Pollution Prevention Program for implementing the permit. This program must include: The BMPs that the municipality will implement for each of the storm water minimum control measures The measurable goals for each of the BMPs, including, as appropriate, the months and years in which the municipality will undertake required actions, including interim milestones and the frequency of the action, in narrative or numeric form, as appropriate Estimated timeline(s) (months, years) in which implementation of each BMPs will be undertaken Person(s) responsible for implementing and/or coordinating each component of the Phase II Storm Water Program The Storm Water Pollution Prevention Program must be designed and managed to reduce the discharge of pollutants from the storm sewer system to the maximum extent practicable (MEP). The Storm Water Pollution Prevention Program must be developed with consideration of: reduction of pollutants as appropriate to the sources of pollutants, the potentially polluting activities being conducted in the watershed, and the sensitivity of the receiving waters. Annual reports must be submitted to the MPCA by March 10, for each year of the permit term. Each report must include: The status of compliance with permit conditions, an assessment of the appropriateness of the municipality s identified BMPs and progress towards achieving the municipality s identified measurable goals for each of the minimum control measures Results of information collected and analyzed, including monitoring or observational data (if any), and public input received during the reporting period A summary of the storm water activities the municipality plans to undertake during the next reporting cycle P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-7

8 A change in any identified BMPs or measurable goals for any of the minimum control measures Notice that the municipality is relying on another entity to satisfy some of the municipality s permit obligations (if applicable) The MPCA will be administering the Phase II rules and is expected to begin issuing general permits for both the municipal storm sewer systems and small construction activities by December Operators of regulated small municipal separate storm sewer systems (MS4s) and small construction activities will be required to submit applications and obtain permit coverage by March 10, The term of the NPDES Phase II permit will be five years. By the time the first permit expires, operators of regulated small MS4s would have to fully implement their storm water pollution prevention programs. The MPCA may modify the NPDES permit or issue other permits that include more stringent effluent limitations, including permit requirements that are in addition to the minimum control measures. This is most likely to occur in watershed areas with an approved Total Maximum Daily Load (TMDL) allocation. Storm Water Pollution Prevention Programs must meet the requirements of an approved TMDL implementation plan. In general, it should be relatively easy for MS4s with Surface Water Management Plans to comply with the permit requirements within the five-year permit period. Possible exceptions to this, or difficulties for permit compliance, include: Stormwater conveyance/outfall mapping and illicit detection may be onerous for older MS4s MS4s that are affected by approved TMDL allocations The short time (90 days) to prepare or finalize the Storm Water Pollution Prevention Program summary after permit issuance in December, 2002 The MS4s may not have past experience with developing pollution prevention/training for municipal operations The city of Lakeville has ordinances and policies in their local watershed management plan requiring rate control and construction of water quality treatment ponds during development. The city of Burnsville has policies in their local plan requiring rate control and construction of treatment ponds; after city approval of the local plan, the city will adopt an ordinance. The city of Apple Valley s ordinances require compliance with the city s local plan, which requires construction of treatment ponds. The city of Savage has a stormwater management ordinance and the city of Eagan has stormwater management polices in their local plan. P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-8

9 3.4 Floodplain The cities of Burnsville, Eagan, Lakeville, and Savage have Flood Insurance Studies (FIS). These cities also have floodplain ordinances. Dakota County also has a floodplain ordinance (Shoreland and Floodplain Management Ordinance Ordinance No. 50). The FIS, together with a city s floodplain ordinance, allow the city to take part in the federal government s flood insurance program. Homeowners within Federal Emergency Management Agency (FEMA) designated floodplains are required to purchase flood insurance. In some cases, homes within FEMA-designated floodplains on the FEMA floodplain maps may actually not be in the floodplain. In order to waive the mandatory flood insurance requirements for their homes, residents must remove their homes from the FEMA-designated floodplain by obtaining Letters of Map Amendment (LOMA). The cities have varying levels of regulation regarding minimum building elevation requirements adjacent to flood-prone areas. For example, the Apple Valley and Burnsville local watershed plans have policies requiring the lowest opening (not the lowest floor) of buildings to be 3 feet above the 100-year flood elevation. The city of Lakeville s ordinance requires the lowest floor to be 1 foot above the 100-year flood elevation or 3 feet above the outlet elevation. The cities of Savage and Eagan also have minimum building elevation requirements. All of the member cities obtain easements over elements of the stormwater system as areas develop. All of the BDWMO member cities have some form of a stormwater system maintenance program. The cities of Apple Valley, Burnsville, and Lakeville also address maintenance of the stormwater system in their local watershed management plans. 3.5 Erosion and Sediment Control The Metropolitan Council requires cities to have stormwater ordinances in place that include provisions for erosion and sediment control before the Metropolitan Council will allow the cities to put their comprehensive plans into effect. The cities of Apple Valley, Burnsville and Lakeville have ordinances requiring temporary and permanent erosion and sediment controls for land disturbing activities. The cities of Apple Valley and Lakeville also have ordinances addressing erosion and sediment controls on individual building sites. P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-9

10 In addition to city ordinances and the BDWMO standards, proposers of projects disturbing five or more acres of land are required to obtain a general NPDES construction stormwater permit from the MPCA. The NPDES permit covers both temporary and permanent erosion and sediment controls. The NPDES Phase II Storm Water Permit will require controls on stormwater runoff from construction sites that are one acre or larger. 3.6 Dam Safety Requirements The DNR administers the state s dam safety program (MN Rules ), which applies to all impoundments that pose a potential threat to public safety or property. Dams 6 feet in height or lower, and dams that impound 15 acre-feet or less, are exempt from the rules. Dams less than 25 feet high that impound less than 50 acre-feet are also exempt, unless there is a potential for loss of life. The dam safety rules require that the downstream impacts of a dam failure be analyzed under high-flow conditions, such as an extreme flood (e.g. the probable maximum flood), which much greater than a 100-year flood. Proposed stormwater ponding areas could potentially come under the jurisdiction of the dam safety rules. If so, it is likely that the city would encourage modified pond designs or multiple ponds so that the ponding project would not come under the jurisdiction of the dam safety rules. 3.7 Groundwater Protection Various agencies are responsible for groundwater management and protection. The DNR regulates groundwater usage rate and volume as part of its charge to conserve and use the waters of the state. For example, suppliers of domestic water to more than 25 people or applicants proposing a use that exceeds 10,000 gallons per day or 1,000,000 gallons per year must obtain a water appropriation permit from the DNR. The DNR is also responsible for mapping sensitive groundwater areas, conducting groundwater investigations, addressing well interference problems, and maintaining the observation well network. The Minnesota Department of Health (MDH) is the official state agency responsible for addressing all environmental health matters, including groundwater protection. The MDH is responsible for preventing pollution of water supplies to ensure safe drinking water sources and limit public exposure to contaminants. Through implementation of the Safe Drinking Water Act, the MDH conducts the Public Water Supply Program, which allows the MDH to monitor ground water quality and train water supply system operators. Through its Well Management Program, the MDH P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-10

11 administers and enforces the Minnesota Water Well Code, which regulates activities such as well abandonment and installation of new wells. The MDH also administers the Wellhead Protection Program, which is aimed at preventing contaminants from entering the recharge zones of public well supplies. In 1997, the Wellhead Protection Program rules (Minnesota Rules to ) went into effect. These rules require all public water suppliers that obtain their water from wells to prepare, enact and enforce wellhead protection plans. The MDH prepared a prioritized ranking of all such suppliers in Minnesota. Regardless of the ranking, Rules 4720 require all public water suppliers to initiate wellhead protection measures for the inner wellhead management zone prior to June 1, If a city drills a new well and connects it to the distribution system, the city must begin development of a wellhead protection plan. The cities of Apple Valley, Burnsville, Eagan and Lakeville are in the process of developing wellhead protection plans. The MPCA administers and enforces laws relating to pollution of the state s waters, including groundwater. The MPCA monitors ambient groundwater quality, and administers septic system design and maintenance standards. The Tanks and Spills Section of the MPCA regulates the use, registration and site cleanup of underground and above ground storage tanks. The Minnesota Geological Survey provides a complete account of the state s groundwater resources through geological mapping and investigation projects. The Minnesota Geological Survey produces the county geologic atlases, interprets water well log information, and manages a database of county well information. Dakota County plays a role in groundwater protection and management, through its groundwater protection plan (2000). The county is active in wellhead protection efforts, protection of sensitive areas, studying groundwater contamination issues, and administration/enforcement of a regulatory well program that includes the State of Minnesota s rules (delegated to the county). The Southwest Metro Groundwater Work Group is a forum for the participating cities and agencies to coordinate and disseminate groundwater data collection activities related to groundwater supplies in northwestern Dakota County and northern Scott County. The prime issue for the group is the effect of future water supply development on the Savage fen wetland complex and other important water resources. The BDWMO member cities that participate in the work group include Lakeville, Burnsville and Savage. P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-11

12 3.8 Individual Sewage Treatment Systems The MPCA is responsible for administering the programs regulating construction and reconstruction of individual sewage treatment systems (ISTS). The MPCA requires an inspection program for ISTS that meets MPCA standards. Administration and enforcement of new and existing ISTS are governed by Minnesota Rules Dakota County requires that the cities within the county adopt Ordinance 113, which includes MPCA Rules 7080 by reference. The cities of Apple Valley, Burnsville, and Lakeville have ordinances that meet MPCA Rules 7080 and Dakota County Ordinance Spill Prevention and Cleanup Spills should be reported directly to the Minnesota Pollution Control Agency. The city of Apple Valley s Emergency Response Plan addresses spills, but only if the city is notified. In Lakeville, it is the fire department s responsibility to respond initially to spills. To help prevent spills, Dakota County operates an Eco-Site that accepts household hazardous wastes and recyclables. P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-12

13 Table 3-1 Regulatory Framework Federal U.S. Army Corps of Engineers State Agency Type of Approval Description Minnesota Department of Natural Resources Section 10 of the Rivers and Harbors Act Section 404 Permit Protected Waters Permit Water Appropriation Permit Dam Safety Permit Riprap Shore Protection Permit Applies to placement of structures and/or work in, or affecting, navigable waters of the United States. Applies to the discharge of dredged or fill material into waters of the United States. There are two types of Section 404 permits: regional and nationwide general permits, and individual permits. Applies to any work that will alter the course, current or cross-section of any DNR-protected lake, wetland or watercourse; also applies to any work below the ordinary high water mark of DNR-protected waters. Applies to suppliers of domestic water to more than 25 people or for any use that exceeds 10,000 gallons per day or 1,000,000 gallons per year. Applies to impoundments that pose a potential threat to public safety or property. Dams 6 feet high or less and dams that impound 15 acre-feet of water or less are exempt from the rules. Dams less than 25 feet high that impound less than 50 acre-feet of water are also exempt unless there is a potential for loss of life. Applies to the placement of riprap shore protection or placement of fill to recover shoreland lost to erosion. P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-13

14 Table 3-1 Regulatory Framework (Cont.) Agency Type of Approval Description Minnesota Pollution Control Agency State Discharge System/National Pollutant Discharge Elimination System (NPDES) Permit Applies to all discrete sources of wastewater discharge to surface waters, including sanitary wastewater, process wastewater, etc. Minnesota Department of Health Minnesota Environmental Quality Board NPDES General Construction Stormwater Permit NPDES General Industrial Stormwater Permit NPDES Phase II Storm Water Permit Section 401 of the Clean Water Act Water Quality Certification Well Management Program Safe Drinking Water Act Environmental Assessment Worksheet Applies to construction activities that disturb 5 or more acres of land. Applies to certain industrial/ commercial activities that come into contact with stormwater. Requires preparation of stormwater pollution prevention plan. Applies to municipal storm sewer systems serving populations under 100,000 located in urbanized areas. Requires cities to implement public education programs, detect and eliminate illicit discharges, control construction site and post-construction stormwater runoff on sites one acre or larger, and address pollution prevention at municipal operations. Applies to activities that require either a Corps of Engineers Section 10, Corps of Engineers Section 404 or Federal Energy Regulatory Commission permit. These activities must first obtain Section 401 water quality certification. Applies to drilling of new water wells and sealing of abandoned water wells. Applies to construction of new water wells and other public water supply systems Broad environmental assessment required for certain proposed developments and other activities. P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-14

15 Table 3-2. City Ordinances/Policies City Minimum Building Elevations Rate Control Stormwater Management Water Quality Treatment Ponds Stormwater System Maintenance Stormwater Easements Erosion and Sediment Control Wetland Protection 1 Individual Sewage Treatment Systems Apple Valley Y Y Y Y Y Y Y Y Y Burnsville Y Y Y Y Y Y Y Y Y Eagan Y Y Y Y Y Y N N Y Lakeville Y Y Y Y Y Y Y Y Y Savage Y Y Y Y Y Y Y Y Y Shoreland Ordinance Notes: Y (N) means the city has (does not have) ordinances or policies in place that address the topic. 1 The member cities are the local government unit (LGU) responsible for administering the Wetland Conservation Act within the Black Dog WMO. P:\23\19\513\plan\Black Dog WMO adopted plan.doc Page 3-15