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_)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 /> <br />