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Environmental Trends. Missouri Municipal Attorneys Association. Principal areas of interference. Wastewater treatment, sewers Roadway construction Stormwater , erosion control, development, pervious surface Drinking water
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Environmental Trends Missouri Municipal Attorneys Association
Principal areas of interference • Wastewater treatment, sewers • Roadway construction • Stormwater, erosion control, development, pervious surface • Drinking water • Power plants, power generation (alternative energy), ash ponds, transmission corridor, GHG • Transportation (automotive, mass, alternative, GHG) • Refuse, landfill, recycling, energy, methane, hazardous materials • Pesticides, herbicides, fertilizers, insects
Number 1 Issue — Water • Greatest impact to the public consumer both by quality, quantity and rate. • Greatest change in status quo in the municipal environmental arena. • All areas are dynamic, all cost the consumer directly, all hard to predict. • Majority of the changes are driven from the Federal level by USEPA. • All areas are in flux — wastewater, stormwater and drinking water. New standards, new regulations and new rules.
Wastewater • Ammonia • Nutrients • Waters of the US • Growth (or lack thereof) • Difficulty of lagoons to meet standards • Sewer deterioration • SSOs and basements (and the liability that may attach, and the insurance that may not) • Rates, rates, rates (consequence of “political ratemaking”)
Stormwater, Erosion and Run-off • Progress to rainfall as a municipal pollutant • Construction as a environmental threat • Roadway, park and municipal construction • City as regulator • MS4 • TMDL
Drinking Water • New standards and capital expenses • Increased laboratory requirements
Power Generation • GHGs /Coal • Ash Ponds • Alternative energy requirements • Transmission infrastructure
Transportation • Automotive • Mass transit • Alternative (pedestrians, bicycles) • GHGs
Refuse • Landfills • Recycling • Methane • Alternative energy • Hazardous materials
Chemicals • Pesticides and herbicides • Fertilizers • Insects (contrary wetlands demands)
The cost impact of environmental regulations on municipalities will continue to increase, with no end in sight.
The rate impact on municipal operations will continue to increase. Political ratemaking will only increase the problem.
The need to increase reserves for environmental costs on projects is strongly suggested, especially when moving dirt.
Waters of the U.S. rule IS a threat to property rights, to state rights and therefore subdivisions of any state.
David A. ShorrLathrop & Gage314 East High StreetJefferson City, MO 65101573-761-5005