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IN RE CITY OF OWATONNA'S NPDES/SDS

Nos. A03-331, A03-333.

672 N.W.2d 921 (2004)

In the Matter of The CITY OF OWATONNA'S NPDES/SDS PROPOSED PERMIT REISSUANCE FOR the DISCHARGE OF TREATED WASTEWATER (A03-331), In the Matter of The CITY OF FARIBAULT'S NPDES/SDS PROPOSED PERMIT REISSUANCE FOR the DISCHARGE OF TREATED WASTEWATER (A03-333).

Court of Appeals of Minnesota.

January 6, 2004.

Attorney(s) appearing for the Case

Janette K. Brimmer, Minnesota Center for Environmental Advocacy, St. Paul, MN, for relator Minnesota Center for Environmental Advocacy.

Christopher M. Hood, Steven W. Nyhus, Thomas P. Klecker, Flaherty & Hood, P.A., St. Paul, MN, for respondents Cities of Owatonna and Faribault.

Mike Hatch, Attorney General, Robert B. Roche, Stephanie Morgan, Assistant Attorneys General, St. Paul, MN, for respondent Minnesota Pollution Control Agency.

Considered and decided by KALITOWSKI, Presiding Judge, HALBROOKS, Judge, and STONEBURNER, Judge.

OPINION

KALITOWSKI, Judge.

Relator Minnesota Center for Environmental Advocacy (MCEA) challenges the decision of respondent Minnesota Pollution Control Agency (MPCA) to reissue National Pollutant Discharge Elimination System (NPDES) permits to wastewater treatment facilities in respondents Faribault and Owatonna without requiring removal of phosphorus from the facilities' discharge to a limit of 1 mg/L.

FACTS

This consolidated appeal arises...

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