Section 393.175

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 393

Effective - 23 Dec 1997, see footnote   

  393.175.  Designation as sole regional or watershed supplier, application — preferences — pricing of services. — 1.  Any entity authorized by law to engage in the business of offering wastewater disposal or treatment services may apply to the department of natural resources to be designated as the sole regional or watershed supplier of such services.

  2.  The application to be designated as a regional or watershed supplier shall be on a form as developed by the department and shall at a minimum provide the following information:

  (1)  The region or watershed for which the applicant intends to provide service defined on a meets and bounds basis;

  (2)  The documents such as contracts, articles of incorporation, limited liability company forms or municipal ordinances which define the applicant's existence, ownership and management;

  (3)  Information as to the applicant's financial assets including balance sheet income statements for the previous five years or, if less than five years, income statements for the applicant's entire history;

  (4)  A description of the facilities owned or operated by the applicant;

  (5)  A business plan describing how and why the proposed region or watershed was selected and the applicant's plans for providing collection and treatment services in the requested area;

  (6)  A commitment by the applicant to provide area coverage for the entire area covered by the application and the applicant's plan for how to provide such services;

  (7)  A description of the services to be provided by the applicant to the region or watershed and the prices to be charged by the applicant;

  (8)  A description of the standards that the applicant will require of other entities that will wish to connect with the applicant's collection and treatment systems.

  3.  Once a regional or watershed provider of wastewater collection and treatment is approved by the department, no other person or entity may construct or operate collection or treatment facilities within the designated region or watershed without an approved regional or watershed plan, except those already existing persons or entities operating a wastewater collection or treatment facility within the designated region or watershed when the plan was approved.

  4.  The department of natural resources shall give preference to regional or watershed providers in all of its licensing, permitting, and administration of loan and grant funds functions.

  5.  In evaluating among competing applicants to be a regional or watershed provider, the department shall give preference to those providers most likely to provide a stable, long-term solution without regard to the type of entity the applicant may be.  Joint applications from existing providers of wastewater collection and treatment services within the region or watershed shall be given preference.

  6.  Pricing of services by regional or watershed providers shall be set by such provider in the same manner the provider sets all other rates and charges and shall be on a nondiscriminatory basis with each user bearing its fair share of the costs of providing service to that user.  Private sewer companies shall charge such rates as are approved pursuant to applicable law.

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(L. 1997 2d Ex. Sess. H.B. 1 § 1 merged with S.B. 3 § 1)

Effective 12-23-97