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to be made a certified transcript of all proceedings had and of all pleadings, exhibits, and files and all testimony taken or offered before him upon which said order is based, and shall file the same with the clerk of the district court where the appeal is pending.

"C'pon such appeal being perfected, it may be brought on for trial at any time by either party upon 10 days' notice to the other, and shall then be tried by the court without a jury, and determined upon the record. At such trial the findings of fact made by the commissioner shall be prima facie evidence of the matters therein stated, and his orders shall be deemed prima facie reasonable. If the court shall determine that the order appealed from is lawful and reasonable, it shall be affirmed. If the court finds that the order appealed from is unjust, unreasonable, or not supported by the evidence, it shall make such order to take the place of the order appealed from as is justified by the record before it.

“Any person aggrieved may appeal to the supreme court from the judgment of the district court made therein as in a civil action, except that the appeal must be taken within 30 days from date of the entry of such judgment.

"The pendency of any such appeal shall not stay the operation of the order of the commissioner, but the district court or the supreme court in their discretion may suspend the operation of the commissioner's order pending a determination of the appeal; provided the appellant shall file an appropriate bond approved by the court conditioned that he shall answer for all damages caused by the delay in the enforcement of the commissioner's order." A copy of the notice of hearing will be mailed to all agencies of the U.S. Government and the State of Wisconsin who would appear to have an interest in the matter. Yours very truly,

WAYNE H. OLSON,

Commissioner of Conservation. Senator Nelson. Senator Metcalf, do

you

have any questions?
Senator METCALF. No.
Senator Nelson. Is there somebody else?
Mr. Brown. Yes, sir.

At this time Mr. Lyle Smith from the water supply and pollution control commission would like to give his case.

Senator Nelson. Mr. Smith, you may proceed.

STATEMENT OF LYLE H. SMITH, DEPARTMENT OF HEALTH BUILDING, UNIVERSITY CAMPUS, MINNEAPOLIS, MINN., EXECUTIVE ENGINEER, WATER SUPPLY AND POLLUTION CONTROL COMMISSION

Mr. Smith. I am Lyle Smith, the executive engineer from the Minnesota Water Supply and Pollution Control Commission.

I have a statement which I would like to read which has been approved by the water supply and pollution control commission. This is a relatively brief statement. [Reading :)

The commission welcomes this subcommittee to Minnesota and welcomes this opportunity at a hearing of this type to present information relative to water pollution control activities in the State.

First, it should be pointed out that the commission has scheduled a public hearing for 10 a.m. on January 13, 1965, in the Auditorium Theater in Stillwater. This hearing is being called for the purpose of hearing evidence and receiving information bearing upon the application by the Northern States Power Co. for a permit for the discharge of circulating water to the St. Croix River from the proposed Allen S. King generating plant, unit No. 1, to be constructed in Oak Park Heights, Minn. The majority powers and duties of the commission are defined in Minnesota Statutes, section 115.03.

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"115.03 Powers and duties.-Subdivision 1. The commission is hereby given and charged with the following powers and duties :

“To administer and enforce all laws relating to the pollution of any of the waters of the State;

“To investigate the extent, character, and effect of the pollution of the waters of this State and to gather data and information necessary or desirable in the administration or enforcement of pollution laws, and to make such classification of the waters of the State as it may deem advisable;

"To establish and alter such reasonable pollution standards for any waters of the State in relation to the public use to which they are or may be put as it shall deemn necessary for the purposes of sections 115.01 to 115.09;

"To make and alter reasonable orders requiring the discontinuance of the discharge of sewage, industrial waste, or other wastes into any waters of the State resulting in pollution in excess of the applicable pollution standard established under this subdivision;

"To require to be submitted and to approve plans for disposal systems or any part thereof and to inspect the construction thereof for compliance with the approved plans thereof;

“To issue, continue in effect, or deny permits, under such conditions as it may prescribe for the prevention of pollution; for the discharge of sewage, industrial waste, or other wastes; or for the installation or operation of disposal systems or parts thereof;

"To revoke or modify any permit issued under sections 115.01 to 115.09 whenever it is necessary, in the opinion of the commission, to prevent or abate pollution of any waters of the State:

"To prescribe and alter rules and regulations, not inconsistent with law, for the conduct of the commission and other matters within the scope of the powers granted to and imposed upon it by sections 115.01 to 115.09, provided that every rule or regulation affecting any other department or agency of the State or any person other than a member or employee of the commission shall be filed with the secretary of state; and

"To conduct such investigations and hold such hearings as it may deem ad. visable and necessary for the discharge of its duties under sections 115.01 to 115.09, and to authorize any member, employee, or agent appointed by it to conduct such investigations or hold such hearings.”

Senator Nelson. I wonder, Mr. Smith, if those parts which are direct excerpts from your statutes might be better given in a casual summary and let us introduce those in the record, because I don't think a first impression of reading the statutes is easily interpreted by a larman or by lawyers. It would be better use of our time if you introduced these into the record, as such, and made a general summary, if you wish to do that.

Mr. SMITH. The statement goes on to excerpts from the statute, the definition of “pollution,” of the "waters of the State," "disposal system,” “industrial waste," and also a subdivision relative to the obtaining of a permit. It also defines "person" for the use of the act.

I will continue by reading an excerpt from its statement.

The commission has a history of cooperating with water pollution control agencies in adjoining States as is indicated by joint resolutions with such agencies in North Dakota and Wisconsin and specifically a joint resolution of the Minnesota Water Pollution Control Commission and the Wisconsin Committee on Water Pollution regarding the St. Croix River, dated the 11th day of August 1953.

The two States of Minnesota and Wisconsin have a history of cooperation in numerous stream surveys of all common boundary waters which include the Mississippi River, the St. Croix River, and the St. Louis River.

Meetings have been held with, and information has been supplied to, the Wisconsin Committee on Water Pollution relative to the proposed project on which this hearing is being held.

The commission is not unfamiliar with the problem of thermal pollution as several permits for heated waste discharge have been issued and thermal pollution is dealt with in standards adopted by the commission for three sections

of the Mississippi River and in proposed standards for two sections of the lower Minnesota River and tributaries thereto.

The commission welcomes any comments or suggestions which this committee may wish to offer and desires to request a copy of the transcript of this hearing,

I have, in addition, four attachments which I will not read.

Senator NELSON. You wish the attachments to be included as part of the record ?

Mr. Suth. Those are to be included; yes, sir.

Senator NELSON. Does the Commission have some standards on which they may act in a case such as this? I realize it is governed by sections of the statute you have included here, but if recreation values are impaired, for example, is that a standard taken into consideration by your Commission? Mr. SMITH. Certainly, yes.

Senator Nelson. Your full statement, as well as your impromptu extemporaneous remarks, will be included.

Senator Metcalf, do you have any questions?
Senator METCALF. I have a question.

As a preface to my question, because you didn't read it, as suggested by the chairman, I want to read the definition of pollution :

"Pollution" means the contamination of any waters of the State so as to create a nuisance or render such waters unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety, or welfare; to domestic, commercial, industrial, or recreational use; or to livestock, wild animals, bird, fish, or other aquatic life.

You heard Dr. Tarzwell's testimony !
Mr. SMITH. Yes, sir.

Senator METCALF. Do you consider under that definition of "pollution" that the increase of the temperature of the water so as to harm sport fishing or to create algae in the water, as suggested by Dr. Tarzwell

, would come under the jurisdiction of the Commission? Mr. Suith. It is my impression, yes, sir, that has been taken into consideration in the issuance of permits for waste discharge and other installations in the State of Minnesota.

Senator METCALF. If there were no impurities on the water discharge, but merely an increase in the temperature that caused the effects that were suggested by Dr. Tarzwell, that would be something that the Commission would look to as contamination?

Mr. SMITH. Yes, sir. Senator METCALF. Thank you very much. Senator Nelson. You included in your submission here a joint resolution of the Minnesota Water Pollution Control Commission and the Wisconsin Committee on Water Pollution—a joint resolution adopted on the 11th day of August 1953, the resolved part of which says: Resolved, That the Minnesota Water Pollution Control Commission and Wisconsin Committee on Water Pollution each does hereby agree to require the effective correction of existing pollution and prevention of additional pollution within the boundaries of its State as provided by the laws of such State to the end that said waters may be maintained or rendered suitable for all purposes heretofore defined and that, in furtherance of said objectives, the guiding policy shall be the requirement that facilities for treatment of sewage for all sewered municipali ties shall provide at least effective sedimentation plus chlorination

and so forth.

What effect do you conclude that this resolution has? Does it have any legal consequences ?

Mr. SMITH. The effect, I believe, is to show that the two States have in the past worked closely together, whether the implementation was Minnesota or Wisconsin. The two water pollution control agencies worked very closely together in surveys and in determining what steps should be taken to prevent undesirable conditions in waters.

Senator NELSON. I noticed the opening “whereas” says:

Whereas the St. Croix River is an interstate stream common to the States of Minnesota and Wisconsin, and pollution thereof originating in one State does or may adversely affect public health or public rights in both States, thus creating a problem of common interest and requiring correction by said States.

Have the Minnesota Water Pollution Control Commission and the Wisconsin Committee on Water Pollution been in regular conference on this matter? Have they conferred on the matter that is pending before this committee now?

Mr. SMITH. The commission and the committee members have not, but staff members have.

Senator Nelson. Do you know whether or not there is going to be any presentation of evidence by either or both of these commissions at the hearing in Minnesota on January 13!

Mr. SMITH. The Wisconsin Committee on Water Pollution has been notified of the hearing. What they plan to do, I do not know.

Senator NELSON. Thank you. I have no further questions. Thank you very much.

Mr. SMITH. Yes, sir.

Senator NELSON. The statement, with the appending affidavits and so forth, will be included in the record.

(There follows the full text of Mr. Smith's statement, applications, and resolutions :)

STATEMENT OF THE MINNESOTA WATER POLLUTION COMMISSION

The commission welcomes this subcommittee to Minnesota and welcomes this opportunity at a hearing of this type to present information relative to water pollution control activities in the State.

First, it should be pointed out that the commission has scheduled a public hear. ing for 10 a.m. on January 13, 1965, in the auditorium theater in Stillwater. This hearing is being called for the purpose of hearing evidence and receiving information bearing upon the application by the Northern States Power Co. for a permit for the discharge of circulating water to the St. Croix River from the proposed Allen S. King generating plant, unit No. 1, to be constructed in Oak Park Heights, Minn.

The majority powers and duties of the commission are defined in Minnesota Statutes, section 115.03:

"115.03 Powers and duties.-Subdivision 1. The commission is hereby given and charged with the following powers and duties :

“To administer and enforce all laws relating to the pollution of any of the waters of the State.

“To investigate the extent, character, and effect of the pollution of the waters of this State and to gather data and information necessary or desirable in the administration or enforcement of pollution laws, and to make such classification of the waters of the State as it may deem advisable.

"To establish and alter such reasonable pollution standards for any waters of the State in relation to the public use to which they are or may be put as it shall deem necessary for the purposes of sections 115.01 to 115.09.

"To make and alter reasonable orders requiring the discontinuance of the discharge of sewage, industrial waste, or other wastes into any waters of the State

resulting in pollution in excess of the applicable pollution standard established under this subdivision;

"To require to be submitted and to approve plans for disposal systems or any part thereof and to inspect the construction thereof for compliance with the approved plans thereof;

"To issue, continue in effect or deny permits, under such conditions as it may prescribe for the prevention of pollution, for the discharge of sewage, industrial waste or other wastes, or for the installation or operation of disposal systems or parts thereof;

"To revoke or modify any permit issued under sections 115.01 to 115.09 whenever it is necessary, in the opinion of the commission, to prevent or abate pollution of any waters of the State;

"To prescribe and alter rules and regulations, not inconsistent with law, for the conduct of the commission and other matters within the scope of the powers granted to and imposed upon it by sections 115.01 to 115.09, provided that every rule or regulation affecting any other department or agency of the State or any person other than a member or employee of the commission shall be filed with the secretary of state; and

"To conduct such investigations and hold such hearings as it may deem advisable and necessary for the discharge of its duties under sections 115.01 to 115.09, and to authorize any member, employee, or agent appointed by it to conduct such investigations or hold such hearings.

"Subdivision 2. In any such hearing or investigation, any member of the commission, or any employee or agent thereto authorized by the commission, may administer oaths, examine witnesses, and issue, in the name of the commission, subpenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing or investigation. Witnesses shall receive the same fees and mileage as in civil actions. "Subdivision 3. In case of contumacy or refusal to obey a subpena issued under this section, the district court of the county where the proceeding is pending or in which the person guilty of such contumacy or refusal to obey is found or resides, shall have jurisdiction upon application of the commission or its authorized member, employee, or agent to issue to such person an order requiring him to appear and testify or produce evidence, as the case may require, and any failure to obey such order of the court may be punished by said court as a contempt thereof."

"Pollution" is defined in section 115.01, subdivision 5: “Subdivision 5. Pollution' means the contamination of any waters of the State so as to create a nuisance or render such waters unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety, or welfare; to domestic, commercial, industrial, or recreational use; or to livestock, wild animals, bird, fish, or other aquatic life.” "Waters of the State” are defined in section 115.01, subdivision 9. "Subdivision 9. ‘Waters of the State' means all streams, lakes, ponds, marshes, watercourses, waterways; wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof." "Disposal system” is defined in section 115.01, subdivision 8. "Subdivision 8. 'Disposal system' means a system for disposing of sewage, industrial waste and other wastes, and includes sewer systems and treatment works. "Industrial waste" is defined in section 115.01, subdivision 3.

"Subdivision 3. 'Industrial waste' means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from the development of any natural resource.

Section 115.07, subdivision 1 regarding the obtaining of permits reads as follows:

"Subdivision 1. Obtain permit: It shall be unlawful for any person to constract, install, or operate a disposal system, or any part thereof, until plans there. for shall have been submitted to the commission unless the commission shall have waived the submission thereof to it and a written permit therefor shall have been granted by the commission.

"Person” is defined in section 115.01, subdivision 10. "Subdivision 10. 'Person' means the State or any agency or institution thereof, ans municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity, and includes any officer or governing or

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