CCR2010012-Opposing NR151
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #012-2010
RESOLUTION REQUESTING REVISION TO THE PROPOSED SPENDING CAP
FORMULA FOR SOLID POLLUTANT DISCHARGE BY MUNICIPAL WPDES
PERMITEES
WHEREAS, Wisconsin Administrative Code (WAC) Section NR 151.13(2)(b)2 requires
municipalities possessing Wisconsin Pollutant Discharge Elimination System (WPDES) permits
to implement a 40% reduction in total suspended solids (TSS) in runoff that enters waters of the
state (as compared to no controls), by March 10, 2013, to the Maximum Extent Practicable
(MEP); and
WHEREAS, a problem exists by the use of the subjective term Maximum Extent
Practicable. In the WAC, the term MEP was intended to provide a form of relief for
municipalities whom the Wisconsin Department of Natural Resources (WDNR) would believe
have reasonably attempted to satisfy the TSS 40% reduction standard but could not. Although
municipalities appreciate the intent of this form of relief, municipalities are also afraid of the
range of subjective interpretations and applications of the term MEP; and
WHEREAS, the City has preliminarily achieved a reduction of 32.9% TSS in Year 2008,
leaving and additional 7.1% of removal necessary; and
WHEREAS, the Wisconsin Natural Resources Board is proposing the following language
be inserted as a rule change that will define MEP, “The implementation of best management
practices required by this section does not result in an annual expenditure greater than 0.37
dollars per thousand dollars of reported equalized value for the municipality. For purposes of this
calculation, a 20 year amortization of debt service is associated with capital cost expenditures.”;
and
WHEREAS, according to the 2009 Equalized Values of the City of Muskego, Muskego
has an Aggregate Full Value of $2,695,603,324.22; and therefore, applying a proposed annual
spending cap formula of $0.37 per $1,000 of equalized value, the City's annual spending cap
would be approximately $997,373.23; and
WHEREAS, the City’s 2009 projected budget expenditures is $13,182,379.00, which
when utilizing the proposed annual spending cap formula of $0.37 per $1,000 of equalized value,
shows the City potentially spending 7.6% of its entire budget on TSS removal; and
WHEREAS, the City of Muskego fully intends on complying with State laws, spending
7.6% of the City’s entire budget on TSS removal is not economically feasible; and
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby request that the
Wisconsin Natural Resources Board remove this portion of the MEP provision from the current
proposed revisions to NR 151.
Reso. #012-2010 Page 2
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DATED THIS 9 DAY of FEBRUARY , 2010
SPONSORED BY:
FINANCE COMMITTEE
Ald. Noah Fiedler
Ald. Tracy Snead
Ald. Keith Werner
This is to certify that this is a true and accurate copy of Resolution #012-2010 which was
adopted by the Common Council of the City of Muskego.
_____________________________
Janice Moyer, Clerk-Treasurer