Sanitary Districts

Creation of a Sanitary District(Minn. Stat. §§ 115.18 to 115.20).

The governing body of any city or town can petition the Minnesota Pollution Control Agency (MPCA) for the formation of a sanitary district. Sanitary districts are created "for the purpose of promoting the public health and welfare by providing an adequate and efficient system and means of collecting, conveying, pumping, treating and disposing of domestic sewage and garbage and industrial wastes within the district." (Minn. Stat. § 115.19)

This page discusses some of the important steps involved in the creation of a sanitary distrct. Creating a Sanitary District requires a lot of careful thought and collaboration. Merely filing a proper petition will not do the trick. The information here is designed to provide some basic information for citizens interested in how the process works.

A. Petitioning the MPCA

The process for forming a district is initiated by submitting a petition to the MPCA. The petition must contain the following:

A request for creation of the proposed district

The name proposed for the district, to include the words "sanitary district"

A description (legal) of the territory of the proposed district

A statement showing the existence of the requisite conditions for creation of a district in the territory as prescribed by Minn. Stat. § 115.19

A statement of the territorial units represented by and the qualifications of the respective signers

The post office address of each signer, given under the signer's signature (Minn. Stat. § 115.20).

The governing bodies that preside over the area in which the sanitary district will be located must adopt a resolution for the formation of the district. The governing bodies must publish the resolution in its official newspaper and will become effective 40 days after publication. If five percent of individuals within the proposed district, voting in the last election of the governing body, request a referendum, the resolution may not become effective until approved by a majority of the qualified electors within the proposed district voting in the regular or special election. The notice of any election and the ballot to be used shall contain the text of the resolution followed by the question: "Shall the above resolution be approved?" (Minn. Stat. § 115.20 subd. 2)

An officer of each municipality or organized town where there is a territorial unit of the proposed district must sign the petition 40 days after publication of the resolution. If the proposed district is located in an unorganized area within a county, the petition may be signed by an officer of the county 40 days after publication of the resolution or by 20 percent of the voters residing and owning land within that area. A certified statement from the county auditor attesting to the landowner status of individuals residing within the proposed district who have signed the petition must be provided. (Minn. Stat. § 115.20 subd. 2)

In addition to submitting a petition, a public meeting must be held to inform all property owners of the proposal to create a sanitary district. A notice of the meeting must be printed once each week for two successive weeks in a qualified newspaper published within the territory of the district. A notice of the meeting must also be posted in each territorial unit for two weeks. The following information must be provided at the meeting: a description of the proposed structure of the district, bylaws, territory, ordinances, budget and charges. (Minn. Stat. § 115.20 subd. 1)

Environmental Laws: A variety of environmental laws impact modern drainage law. The Clean Water Act requires a Corps of Engineers Permit for placement of dredge or fill material in regulated wetlands, unless the project is exempt. The "Swampbuster" law has an impact on whether it is prudent to drain certain lands, and should be considered by all parties before a project goes forward. WACA, state legislation protecting wetlands must be considered. A wetland replacement plan may be required. The impact on protected waters must be reviewed.

B. Supporting Documentation:Supporting documentation for the petition includes:

Map displaying district boundaries

Printer's affidavit of publication of public meeting notice, with copy of public meeting notice from newspaper attached (Public meeting notice must be printed for two successive weeks prior to meeting in a qualified newspaper)

Affidavit of posting public meeting notice with information on dates and locations of posting (Notice must be posted for two weeks in each territorial unit of the proposed district)

Printer's affidavit of publication of each resolution, with copy of resolution from newspaper attached

Record (e.g. minutes) of the public meeting documenting that the discussion of (a) structure (b) territory (c) budget (d) bylaws (e) ordinances and (f). charges.

Examples of bylaws and ordinances as presented at the public meeting

Addresses of every property owner within the proposed district boundaries as provided by county auditor (with certification from county auditor)

Documentation of the criteria prescribed under Minn. Stat. §§ 115.19 to include engineering study and proposed facilities plan

C. Actions by MPCA

Once the petitioners prepare and transmit a complete petition to the MPCA, the MPCA will review the petition and publish a notice in the State Register indicating the intent to approve creation of the district. The MPCA will mail a copy of the notice to each affected property owner. The mailed copy must specify the date the notice is to appear in the State Register. The notice will:

1. Describe the petition for creation of the district
2. Specify the territory affected by the petition
3. Allow 30 days for submission of written comments
4. State that a person who objects to the petition may submit a written request for a hearing to the agency within 30 days of the publication of the notice in the State Register
5. State that if a timely request for a hearing is not received, the agency may decide on the petition at a future meeting of the agency (Minn. Stat.§ 115.20 subd. 4)

The MPCA may, in its discretion, hold a hearing on the formation of the proposed district. However, if it receives 25 or more timely requests for a hearing, the MPCA must hold a hearing on the petition as a contested case under Minn. Stat. Ch. 14. Upon conclusion of the 30-day public notice period, or after the public hearing, if any, the agency will make findings of fact and conclusions determining whether or not the conditions requisite for the creation of a district exist in the territory described in the petition. If the MPCA finds that the conditions exist, it may make an order creating the district. However, if the MPCA finds that the requisite conditions for formation of a sanitary district do not exist, it must make an order denying the petition. (Minn. Stat. § 115.20 subd. 5 and 6)

he Order will be published in the State Register and mailed to each landowner in the proposed district. The notice of the Order shall refer to the date of the Order and describe the territory of the district. An appeal from the agency's decision my be taken up to 30 days after publication of the Order or 30 days after completion of the mailing of copies of the Order, whichever is latest. (Minn. Stat. § 115.20 subd. 8)

If no appeals have been filed before the period for an appeal from the Order has expired, or, in case of an appeal, upon the taking effect of a final judgment of a court of competent jurisdiction sustaining the Order, the MPCA will deliver a certified copy of the Order to the Secretary of State for filing. The creation of the district will then be deemed complete. A certified copy of the Order will be mailed to the county auditor of each county, the clerk of each municipality and organized town, and the secretary of the district board. (Minn. Stat. § 115.20 subd. 9)

D. Organization of Municipal Corporation

Upon establishment of the sanitary district and designation of the initial Board of Managers by the MPCA, the managers must file the districts articles of incorporation. The managers must develop and adopt bylaws and ordinances for the management and operations of the district. The Board must designate its official depositories, place of business and schedule for regular meetings.

F. Expansion of District (Minn. Stat.§ 115.21)

The MPCA may, by order, establish a procedure for the annexation of additional territory to an existing sanitary district. The procedure must be outlined in the bylaws and ordinances of the district. In order to annex an area adjacent to an existing district in the absence of a procedure as described above, petitioners for annexation must proceed in a similar manner as prescribed for the creation of a district under Minn. Stat. § 115.20. The petition must be signed with respect to the area proposed for annexation or detachment as provided for a petition for creation of a district. Different areas may be annexed to and detached from a district in a single proceeding by filing a joint petition. (Minn. Stat. § 115.21 subd. 1, 2, and 3).