Effective 28 Aug 2007
393.847. Department of natural resources, jurisdiction, supervision, powers and duties — public service commission jurisdiction, limitations. — 1. Every nonprofit sewer company constructing, maintaining and operating its wastewater lines and treatment facilities shall construct, maintain and operate such lines and facilities in conformity with the rules and regulations relating to the manner and methods of construction, maintenance and operation and as to safety of the public with other lines and facilities now or hereafter from time to time prescribed by the department of natural resources for the construction, maintenance and operation of such lines or systems. The jurisdiction, supervision, powers and duties of the department of natural resources shall extend to every such nonprofit sewer company and every nonprofit sewer company shall be supervised and regulated by the department of natural resources to the same extent and in the same manner as any other nonprofit corporation engaged in whole or in part in the collection or treatment of wastewater.
2. Notwithstanding any provision of sections 393.825 to 393.861 to the contrary, a nonprofit sewer company shall not be eligible to obtain a construction or operating permit unless a waiver from all affected political subdivisions is obtained for a site where:
(1) A municipality, county, public sewer district, or public water supply district operates a wastewater treatment system; or
(2) A connection to a wastewater treatment system is required by a municipal or county ordinance.
3. The public service commission shall not have jurisdiction over the construction, maintenance or operation of the wastewater facilities, service, rates, financing, accounting or management of any nonprofit sewer company.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3, A.L. 2002 S.B. 984 & 985, A.L. 2007 S.B. 22)
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