39-129. APPLICABILITY — DEFINITION OF LOCAL GOVERNMENT AND MANDATES — AUTHORIZATION FOR LOCAL GOVERNMENT AGREEMENTS — ADOPTION OF RULES — ESTABLISHMENT OF SCHEDULES — PRIORITY OF CONSIDERATIONS — REPORT AND RECOMMENDATIONS. (1) The provisions of this section shall apply to local governments providing drinking water, municipal waste disposal, municipal sewage or waste water disposal or treatment, or air pollution abatement, which can demonstrate to the satisfaction of the department that increasing and cumulative regulatory requirements applicable to such services cannot be met in a timely and reasonable manner. The provisions of the section do not apply where prohibited by federal or state laws or regulations for the protection of human health and the environment.

(2) For purposes of this section the term "local government" means the government of a county or incorporated city, and the term "federal mandates" means those requirements arising from federal statutes or subsequent regulations administered by the United States environmental protection agency.

(3) The department is hereby authorized to enter into agreements with local governments. The agreement may include a binding schedule enforceable under this chapter for the improvement, modification, construction, or other actions, necessary in order for the local government to come into compliance as expeditiously as practicable with human health and environmental protection statutes and rules stemming from federal mandates.

(4) The department may propose, and the board adopt, rules necessary for the implementation of this section.

(5) In establishing any local government agreement schedule, the term of the agreement shall not exceed fifteen (15) years, although successive agreements may be entered into. All agreements must be signed by the director or his designee and the mayor of the city or county commissioners of the county, as appropriate. All agreements are enforceable as orders under the provisions of this chapter.

(6) Agreements and schedules entered into under this act shall take into account, in descending priority the:

(a) Protection of public health;

(b) Protection of the environment;

(c) Current tax structure and rates as compared to other local governments;

(d) Ability of the local government to pay for costs of compliance;

(e) Current fiscal obligations of the local government;

(f) Other factors as determined by the department or the board.

History:

[39-129, added 1994, ch. 162, sec. 2, p. 370; am. 2000, ch. 132, sec. 32, p. 341.]