_)tat T~;Lu~e. -~o..-f.rpol~,'k ~-~ bec ~ ]qq~ A. meansthatinstead,,fproducingaClassA
<br /> · sludge, our plant would he producing a
<br />
<br />-,. akefield up the creek
<br />
<br />. ith' ,EPA bureaucracy
<br /> gency's sludge rules' make no sense
<br /> :~ Our city is in a difficult position. In 1994, our city was presented with two
<br /> "~ On Oct. 31, Lakefield held a bid opening
<br /> '.J~ r a project to expand the wastewater
<br /> $ i~atment process and storage capacity of
<br /> ~ Jif city's wastew,ater treatment plant.
<br /> !~, Our engineer s estimate of the project
<br /> }llas $851,000. The lowest bid was
<br /> .~1,198,000. If you figure about $50,000 for
<br /> ~.~gineering, that brings the total project to
<br /> ~out $1.25 million.
<br /> '~ 'Fo pay for this project, we will have to
<br /> cbntribute $175,000 in sewer fund and
<br /> general fund reserves and raise our base
<br /> sewer rate 200 percent and our per- 1,000-
<br /> Td!llons rate by 26 percent from what they
<br /> - ~:~ere in March 1994, when we raised our
<br />tes the first time in anticipation of this
<br />Srroject.
<br />[~, In a normal bidding process, the City
<br />-lTOuncil can opt to reject all bids. Unfortu- nately, our council will not have this op-
<br />· *~n on this project.
<br /> We, and other communities like us, are
<br /> ~,cing forced into expensive wastewater
<br /> construction projects by the federal Envi-
<br /> ronmental Protection Agency (EPA) and its
<br /> state enforcement entity, the Minnesota
<br /> Pollution Control Authority (MPCA).
<br /> A few years back, the EPA created new
<br /> rules called the ~S03 sludge rules," which
<br /> created new standards for "pathogen re-
<br /> duction'' and "vector attraction reduc-
<br /> tion'' As far as we know,
<br /> this is not a law that was
<br /> passed by any elected We quesJ~oi~ holll a
<br /> body; someone at the
<br /> EPA simply made some J~W wastt~wat~J~
<br /> new rules, t
<br /> ~ In l. akefield's case, ourtreatmen nt
<br /> forced into doing can be judged an
<br />'this project is not only
<br />e l,e,, ive, h.t seems un- excellent performer
<br />n eded, one year and in
<br /> I)uring much of the
<br /> 1980s, the city plannedneed of costly
<br /> for conslruction of a new
<br /> Wastewater treatment
<br /> renovations the
<br /> plant. In 1990, lhe new jrjext°
<br /> $2.6 million plant began
<br /> operation. Plans for the the potential penalty would be, she
<br /> facility were approved by both the EPA and couldn't tell me. l'llM~d what WOl41d
<br /> ~, p(:A ~d If the l~t
<br /> ~ :~V~,_~ ' the engineer's
<br />
<br /> rlllJliJlil~ts ~Of tl~ ~ ru~es.
<br /> I asked what would happen to us if we
<br /> altered our construction project and built
<br /> facilities for sludge storage only while de-
<br /> ~ ~t.~t~.+r leting the new treatment process. This
<br />
<br />awards for operational excellence at our
<br />wastewater plant -- one from the MPCA,
<br />~he other from the EPA. On one wall of our
<br />City Council's meeting area is a photo-
<br />'gr~lph of the MPC~ commissioner present-
<br />'iflg our mayor and our wastewater plant
<br />'61Jerator with one of these awards.
<br /> The irony is that the same people who
<br />'~bre giving us a&ards one year ago will
<br />~Bbw consider us a bandit community if we
<br />'~6 not now pursue ibis expansion project.
<br />'We would be exposing ourselves to many
<br />&hpusands of dollars in fines if we acted
<br />'ome~ise.
<br /> Our ci~ isn't saying that the EPA's goal
<br />of cleaner sludge is wrong. Wh~,w~
<br />~ ~ how a ~w w~tewater ~eat-'
<br />,~t,~P~ can be Ju~ed as being
<br />~n~ ~~t"~he ~e~ and In need
<br />~fl~ r~no~~ ~; We question
<br />~~~ving to pay any price, no
<br />%~bm~, tn renovate a plato that
<br />~Uld be just barely out of compliaucc
<br />e~n when the new 503 rules are applicd.
<br />:-" On Nov. 3, I called someone at the
<br />MP~ to ask her what the MPCA would do
<br />qbout enforcing the 503 rules against us if
<br />our City Council rejected the bids for the
<br />wastewater plant project for being too
<br />costly. She said that we wmfid still have to
<br />~C~mply with thc rules. Wbcn I asked what
<br />
<br /> Class B sludge. I told her that we could do'"
<br /> that, bul our engineers projected that we
<br /> couldn't be guaranteed with always meet-
<br /> lng the new 503 standards for Class B
<br /> sludge.
<br /> Sbe said that if we tried for Class B
<br /> sludge, we would have to "consistently"
<br /> meet the standards for Class B sludge. I
<br /> asked what the word "consistently" meant
<br /> -- did it mean that we could pass eight out
<br /> of 10 sample tests? She said that we'd have
<br /> to be 10 out of 10 on sample testing.
<br /> She then suggested that we tell our
<br /> engineers to start over again with another
<br /> construction option such as lime appli-
<br /> cation.
<br /> I said that we had been working on our
<br />current construction option since mid-
<br />I993 and had already spent over $30,000
<br />on engineering fees alone. I said I didn't
<br /> think it likely that our
<br /> council would start
<br /> over, but I asked her what
<br /> MPCA would do if we
<br /> changed options and took
<br /> another two years to get
<br /> to the point where we are
<br /> UOYY.
<br /> She said that we are
<br /> ah'eady required to be in
<br /> compliance with the rules
<br /> now and that our current
<br /> construction option is al-
<br /> ready too late. When I
<br /> poi~tted out that the
<br /> MI'CA approved the con-
<br /> strtt(:lion schedule of our
<br /> ctlrrelll collstruction op-
<br />tion and then wondered how MPCA could
<br />enforce agaillst tls i! c(}nstru¢:tion schedule
<br />Ihat MI'CA bad illready approved, I didn't
<br />get much of an answer.
<br /> Our City Council has until about Dec.
<br />30' to accept a bid on our plant. At this
<br />point, I am wondering it' there is anyone
<br />out there -- elected person or not -- who
<br />has an idea on what we can do as an
<br />allernative lo accel)ting this hid.
<br /> Technically, the governor runs the
<br />MPCA. Technically, our members of Con-
<br />gress create the laws thai govern the EPA.
<br /> . [ a~n forced to wonder why solneone
<br />can't help us or create some sort of rea-
<br />sonabh? accommodation for wastewater
<br />plants or other costly government-man-
<br />dated projects such ;is this.
<br /> After all, the Americaus with Disabilities
<br />Act (Al)A), which was ('reared by elected
<br />people, bas an exemption for public enti-
<br />ties if the costs ol ren(,valion to comply
<br />with that law create, an undue hardship,
<br />but these new "503 rules" don't even allow
<br />for that.
<br /> In the end, "government" is what all of
<br />us make it. It is up to those who have the
<br />responsibility to govern to decide whether
<br />our government will be reasonable or not.
<br /> We are inviting whatever elected or un-
<br />elected officials who care to respond to be
<br />reasonable with us.
<br />-- Brian Wagner, Lakefield, Minn. City
<br />coordinator.
<br />
<br />
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