Options for Community Structures: Wastewater Treatment

On-Site Sewage Treatment Program

http://septic.umn.edu

Extension Educators

Doug Malchow

507-280-5575 malch002@umn.edu

Valerie Prax

320-225-5054 malmq002@umn.edu

Laurie Brown

218-726-6464 brow1198@umn.edu

Points to keep in mind:

• There are options for districts, but the public needs to be involved/informed all along the way

• For all the options legal council needs to be involved

• The MPCA only reviews the creation of Sanitary Districts under Minn.Stat. 115.19 to 115.20

Why do we need a “communitystructure”?

When multiple landowners work together a legal and responsible entity is usually needed to work on behalf of the community members.

What roles might the entity play?

•Provide continuity within the project

•Acquire property or easements

•Obtain/administer financing to build project

•Negotiate contracts

•Develop and enforce project rules

•Recover costs of damages to the system

•Budget/Levy to manage, repair, and replace the system

Determine District Boundaries Based Upon Need

• Convince residents that they need improved wastewater treatment before drawing district boundaries

• Residents with complaint wastewater treatment systems included within a district’s boundaries may not support a new wastewater treatment system if it will cost them money

Comply Don’t Comply

Minnesota Lake

Typical Assessment

Comply Can’t ComplyCould Comply

Minnesota Lake

More Complete Assessment

More complete assessment

• Offers a complete understanding of the current situation

• Basis to look at potential solutions

• Helps determine appropriate boundaries

• Fits with the proposed funding hierarchy changes

Types of Entities that “could” Oversee a System

• Lake or homeowner associations

• Joint Exercise of Powers Agreements

• Lake Improvement Districts

• Sanitary (Sewer) Districts

• Subordinate Service Districts

Lake or Homeowner Associations

Advantages

• Early catalyst for action

• Provide some funding

• Educational network

Lake or Homeowner Associations

Disadvantages

• Lack ability to levy for funds

• Fee collection difficulties

• Rules enforcement difficult

• Lack accountability to government entity

Joint Exercise of Powers Agreements

Advantages

• Allow issues that cross political boundaries to be addressed

• Agreements carefully spell out issue, powers and responsibilities

Joint Exercise of Powers Agreements

Disadvantages

• Time consuming- appointed board; multiple hearings; carefully outlined and detailed agreement between multiple partners

• Any partner can withdraw, leaving remaining partners with obligations

Lake Improvement Districts

Advantages

• Created by 26% of property owners within proposed area

• Focused on improving water quality

Lake Improvement Districts

Disadvantages

• County remains legal entity managing a small area; district can’t levy

• All county residents responsible financially

• Created by small number of residents

Sanitary Districts

Advantages• Independent commission may

manage• Can levy and bond• Can write and enforce ordinances• Some can provide water service (116 A)

Sanitary Districts

Disadvantages

• Created by petition/hearing process by MPCA

• Boundaries and need established before petitioning MPCA

• Lengthy process

• Difficult to get consensus over large area

Subordinate Service Districts

Advantages

• Can be created at the county or township level

• Relatively easy/inexpensive to create in short time

• Costs borne only by users• Can evolve easily over time as needs

change

Subordinate Service Districts

Township 365A • Requires petition of 50% + 1 of property owners

in contiguous area; signature verification• Public hearing• Board approves or disapproves• Reverse referendum by 25% of property owners

puts district on hold; special election with simple majority of those voting rules

• Can be enlarged• Dissolved via petition of 75% of property owners

in district followed by Board decision

Subordinate Service Districts

County 375B – Creation by Resolution

• Following public hearing

• Can be withdrawn via resolution following public hearing

Subordinate Service DistrictsCounty 375B – Creation by petition

•Requires petition of 10% of qualified tax voters in proposed contiguous area•Public hearing•Board approves or disapproves•Reverse referendum by 5% of qualified tax voters in proposed area puts district on hold•Special election majority of votes rules•Withdrawal after petition by 10% of property owners followed by special election; majorityrules

Questions?

septic.umn.edu(Information for homeowners)