12-2200-15730-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE POLLUTION CONTROL AGENCY

In the Matter of Faribault & Owatonna Wastewater Treatment Plants NPDES Permits

RECOMMENDATION FOR DISMISSAL PURSUANT TO STIPULATION

On September 7, 2006, the parties filed a Joint Stipulation for Voluntary Dismissal of this matter.

The Joint Stipulation was executed by all the parties. It states that the parties have settled the issues in dispute and that the parties stipulate to the voluntary dismissal of this contested case.

The Joint Stipulation also states that the terms of the settlement are identified in the Confidential Revised Mediation Statement that was attached as Exhibit A.

The Confidential Revised Mediation Statement states, “The final settlement agreement will be public.” Therefore, it is no longer “Confidential.”

Based upon the Joint Stipulation and attached Revised Mediation Statement, the Administrative Law Judge makes the following

RECOMMENDATION

IT IS RESPECTFULLY RECOMMEDED that the Minnesota Pollution Control Agency dismiss this matter and re-issue the wastewater treatment plant NPDES permits at issue here in accordance with the Joint Stipulation and attached Revised Mediation Statement.

Dated: September 7, 2006

__s/Steve M. Mihalchick_______

STEVE M. MIHALCHICK

Administrative Law Judge