393.847. Department of natural resources, jurisdiction, supervision, powers and duties--public service commission jurisdiction, limitations.
Department of natural resources, jurisdiction, supervision, powers andduties--public service commission jurisdiction, limitations.
393.847. 1. Every nonprofit sewer company constructing, maintainingand operating its wastewater lines and treatment facilities shallconstruct, maintain and operate such lines and facilities in conformitywith the rules and regulations relating to the manner and methods ofconstruction, maintenance and operation and as to safety of the public withother lines and facilities now or hereafter from time to time prescribed bythe department of natural resources for the construction, maintenance andoperation of such lines or systems. The jurisdiction, supervision, powersand duties of the department of natural resources shall extend to everysuch nonprofit sewer company and every nonprofit sewer company shall besupervised and regulated by the department of natural resources to the sameextent and in the same manner as any other nonprofit corporation engaged inwhole or in part in the collection or treatment of wastewater.
2. Notwithstanding any provision of sections 393.825 to 393.861 tothe contrary, a nonprofit sewer company shall not be eligible to obtain aconstruction or operating permit unless a waiver from all affectedpolitical subdivisions is obtained for a site where:
(1) A municipality, county, public sewer district, or public watersupply district operates a wastewater treatment system; or
(2) A connection to a wastewater treatment system is required by amunicipal or county ordinance.
3. The public service commission shall not have jurisdiction over theconstruction, maintenance or operation of the wastewater facilities,service, rates, financing, accounting or management of any nonprofit sewercompany.
(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)