Wastewater Management Sources of Authority. John C. Kolb

Transcription

1 Wastewater Management Sources of Authority John C. Kolb Rinke-Noonan, Ltd St. Cloud, Minnesota 1

2 General State Regulation MPCA statutes chapter 115 regulates waste treatment and disposal systems Administrative rules parts Establishes minimum standards for STS and waste water discharges Requires counties to adopt and enforce minimum i STS standards* d Establishes permitting program for MTW 2

3 Public Management Authority Minnesota Statutes Chapter 429 provides authority for local improvements (generally) Minnesota Statutes Chapter 444 provides authority for sewer and water improvements Minnesota Statutes Chapter 115 provides authority for management of wastes Minnesota Statutes Chapter 115 provides authority for the establishment t of sanitary districts i t Minnesota Statutes Chapter 116A provides authority for the establishment of county water, sewer and combined systems 3

4 Public Management Authority Minnesota Statutes Chapter 375B provides authority for county subordinate districts to provide certain services Minnesota Statutes Chapter 365A provides authority for town subordinate districts to provide certain services Minnesota Statutes Chapter 471 provides authority for the joint exercise of powers between entities 4

5 Public Management Authority Minnesota Statutes Chapter 103B provides authority for counties to delegate management functions to a Lake Improvement District Minnesota Statutes Chapter 103D provides authority for Watershed Districts to undertake and implement water protection or conservation projects Other authority has been granted by special legislation to special districts and entities 5

6 General Management Options Continued use of private systems Private Responsible Management Entities Public Responsible Management Entities Subordinate Service Districts Sewer Districts i t Sanitary Districts Lake Improvement Districts Watershed Districts Existing municipal or county structure Special Districts 6

7 Realistic Public Options for Ash River Community County Subordinate Service District Sewer District Sanitary District Special District 7

8 Section A municipality may: acquire, develop, construct, reconstruct, extend, and maintain sanitary sewers and systems, including outlets, holding areas and ponds, treatment plants, pumps, lift stations, service connections, and other appurtenances of a sewer system, within and without the corporate limits acquire, improve, construct, reconstruct, extend, and maintain water works systems, including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks, treatment plants, and other appurtenances of a water works system, within and without the corporate limits 8

9 Section Municipality means any city of the second, third, or fourth class however organized, or any statutory city or any town a county exercising its powers and duties under section , subdivision 1 9

10 Section , subd. 1a Any municipality may build, construct, reconstruct, repair, enlarge, improve, or in any other manner obtain waterworks systems, including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks, treatment plants, and other appurtenances of a waterworks system sewer systems, sewage treatment works, disposal systems, and other facilities for disposing of sewage, industrial waste, or other waste 10

11 Section "municipality" means a home rule charter or statutory city, except a city of the first class, or a town (subd. 1) Counties, except counties in the seven-county metropolitan area, have the same authority granted to municipalities by subdivision 1a except for areas of the county organized into cities ii and areas of the county incorporated within a sanitary district established by special act of the legislature*** 11

12 Section A sanitary district may be created for any territory embracing an area or a group of two or more adjacent areas, whether contiguous or separate, but not situated entirely within the limits of a single municipality, for the purpose of promoting the public health and welfare by providing an adequate and efficient system and means of collecting, conveying, pumping, treating and disposing of domestic sewage in any case where the MPCA finds that there is need throughout the territory for the accomplishment of these purposes, that these purposes can be effectively accomplished on an equitable basis by a district i t if created, and thatt the creation and maintenance of such a district will be administratively feasible and in furtherance of the public health, safety, and welfare. 12

13 Section A sanitary district may construct, install, improve, maintain, and operate any system, works, or facilities within or without the district required to control and prevent pollution of any waters of the state within its territory and may construct, install, improve, maintain, and operate any system, works, or facilities within or without the district required to provide for, regulate, and control the disposal of sewage originating within its territory. The district may require any person upon whose premises there is any source of sewage within the district to connect the same with the disposal system, works, or facilities of the district whenever reasonable opportunity therefore is provided. 13

14 Section 116A.01 The county boards of the several counties except counties in the seven county metropolitan area, and the district courts are authorized to make all necessary orders for, and cause to be constructed and maintained, public water or sewer systems or combined water and sewer systems, including outlets, treatment plants, pumps, lift stations, service connections, mains, valves, hydrants, wells, reservoirs, tanks, and other appurtenances of public water or sewer systems 14

15 Sections 375B.03 A County may establish subordinate service districts to provide and finance a governmental service or function that it is otherwise authorized to undertake. 15

16 Section Two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the parties The agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units Governmental unit includes every city, county, town, or other political subdivision 16

17 Section 103B.551 County boards, joint county authorities, statutory and home rule cities, and towns may, by order, delegate to a lake improvement district the power to construct a water, sewer, or water and sewer system in the manner provided by section or other applicable laws 17

18 Section 103D.905 A watershed district may fund the construction or implementation of the projects of the watershed district, including reservoirs, sewage treatment facilities, wells, and other works, and the expenses incident to and connected with the construction or implementation** 18

19 Rural Sewer and Water District 116A Multiple creation processes Scalable authority Flexible organizational structure Inexpensive*, timely formation Expandable (both in size and scope of services) 19

20 Questions/Discussion John C. Kolb Rinke-Noonan, Ltd St. Cloud, Minnesota 20