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~/ <br />Elk River <br />Municipal Utilities <br />13069 Orono Parkway <br />Elk Rner, MN 55330 <br />JanuaT-~ 24, 2005 <br />The I-Ionorable Richard C. Luis <br />Office of Administrative Hearings <br />l0O Washington Square, Suite 1700 <br />i'vlinneapolis, ?~~N 55401-2138 <br />Subject: State Rule Chapter 760 <br />Locating Se~~~er & N~'ater Lateral in Public Right of N'v'ay <br />Gentlemen; <br />phone, 763.441.200 <br />Fax. 763 941 8099 <br />Effective .Ianuary 1, 2006, a new state rule will take effect requiring "an operator of a <br />sewer or ~~~ater facility at a minimum shall locate [hat portion of a service lateral within a <br />public right-of-way installed after that date." This rule also includes utility easements of <br />government units in the definition of public right-of-way. This rule is precipitated by the <br />increased use of horizontal directional drilling technology. "phis technology is used <br />extensively in Elk River for a number of years. We desire to speak against this rule for <br />the following reasons. <br />Sewer and water laterals or service lines from the main in the street to the home <br />or business in many communities including Elk River; are the homeowners or <br />business owners property. Is it proper to place the locating burden of private <br />property on Cities? Locations of these laterals are not always documented. <br />2. Adding tracer wire ~~-hen these laterals are installed is a proposed solution. In <br />corrosive soi]s, history has shown the tracer wire corrodes over time and becomes <br />ineffective. Generally water and sewer laterals arc 6 feet to ] 0 feet deep, to <br />prevent freezing. Current locating technologies do not provide accurate locates at <br />these depths. <br />