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IN RE ALEXANDRIA LAKE AREA SANITARY DIST.

No. A06-1371.

763 N.W.2d 303 (2009)

In the Matter of the ALEXANDRIA LAKE AREA SANITARY DISTRICT NPDES/SDS PERMIT NO. MN0040738, Reissuance for the Expanded Discharge of Treated Wastewater, Douglas County, Alexandria, Minnesota.

Supreme Court of Minnesota.

April 2, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Alan C. Williams, Assistant Attorney General, St. Paul, for appellant Minnesota Pollution Control Agency.

Steven W. Nyhus, Flaherty & Hood, P.A., St. Paul, for appellant Alexandria Lake Area Sanitary District.

Kevin Reuther, Minnesota Center for Environmental Advocacy, St. Paul, for respondent Minnesota Center for Environmental Advocacy.

James P. Peters, Karna M. Peters, Peters & Peters, PLC, Glenwood, for amicus curiae L'Homme Dieu Lake Association.

Susan L. Naughton, League of Minnesota Cities, St. Paul, for amicus curiae League of Minnesota Cities.

OPINION

DIETZEN, Justice.

The Minnesota Pollution Control Agency (MPCA or agency) reissued a National Pollutant Discharge Elimination System/State Disposal System (NPDES) permit to Alexandria Lake Area Sanitary District (ALASD) that allowed ALASD to operate and expand its wastewater treatment facility. By writ of certiorari, the Minnesota Center for Environmental Advocacy (MCEA) challenged the MPCA's decision, arguing that the effluent discharge authorized...

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