© 2014 lathrop & gage llp 1 environmental trends missouri municipal attorneys association
TRANSCRIPT
© 2014 Lathrop & Gage LLP
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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
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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.
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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”)
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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
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Drinking Water
New standards and capital expenses Increased laboratory requirements
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Power Generation
GHGs /Coal Ash Ponds Alternative energy
requirements Transmission
infrastructure
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Transportation
Automotive Mass transit Alternative (pedestrians, bicycles) GHGs
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Refuse
Landfills Recycling Methane Alternative energy Hazardous materials
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Chemicals
Pesticides and herbicides Fertilizers Insects (contrary wetlands
demands)
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The cost impact of environmental regulations on municipalities
will continue to increase, with no end in sight.
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The rate impact on municipal operations will continue to
increase. Political ratemaking will only increase the problem.
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The need to increase reserves for environmental costs on
projects is strongly suggested, especially when moving dirt.
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Waters of the U.S. rule IS a threat to property rights,
to state rights and therefore subdivisions of any state.