Guest Column: Sewer rates headed through the roof

Those of you who do not experience a sewer rate increase will be the exception.

In 1972, Congress passed the Clean Water Act. In the three decades that followed, sewage treatment providers made great strides in improving water quality and cleaning up the flushing of American society. But the law provided for clean water – not somewhat clean water.

At the turn of the century, citizens demanded the U.S. Environmental Protection Agency and states increase protections for water quality, and make our rivers, lakes and streams cleaner for both drinking water and recreational purposes.

St. Louis-based Coalition for the Environment brought suit against the EPA for what it perceived was a failure to properly enforce the law. The coalition prevailed, and standards for water quality improvement in Missouri have become much more stringent.

While sewage treatment providers – mostly cities and regional governments – can complain about the enormous costs to provide what many believe is a marginal return, the courts have spoken and EPA and the state of Missouri have been ordered to clean up Missouri’s rivers, lakes and streams.

To do this, older technology must be phased out, even if it still has useful life. Increased treatment for bacteria, phosphorous, ammonia, metals and nutrients are being required.

Perfect storm

EPA also is requiring what is eminently logical: mandates that leaks in sewer systems that ultimately discharge to rivers, lakes and streams be closed, capped and prohibited. The cost to do such improvements is enormous, especially in older cities. To stop leaks, huge new sewer systems must be put in place and actions must be taken to literally renovate subterranean plumbing.

None of this is free. For years, sewer rates, which were mostly decided by local councils and boards, were depressed. These “political rates” kept the public quiet but resulted in massive deferred maintenance and the failure to proactively follow a law written three decades ago.

With lawsuits, orders and mandates, the perfect storm for sewer rates is at hand. Enormous sewer restoration costs, huge sewage treatment revisions and the need to capture more polluted water create massive rate pressures. Throw in rates that were depressed for political reasons and not reality, and the result is significant increases.

The transition to full-cost pricing alone would shock many ratepayers. Additional costs for capital improvements will place many communities in the position of monthly sewer bills exceeding $85.

Prices we pay

EPA has an excellent argument. The average sewer customer is paying less than $15 a month. Yet those same consumers are paying more than $40 per month for TV and cell phone service. If we can pay $60 to watch TV, should we not be willing to pay $60 to protect our health and the health of our neighbors?

As rates continue to increase, they support your involvement in the public decision process.

I serve on the board of a sewer district. Between now and 2012, I will be forced to raise my neighbors’ sewer rates more than 100 percent. I will have no option other than to assure that the choices we make are the most cost-efficient. Your local sewage treatment provider will be faced with the same dilemma. It is the price we pay for clean water.

Lathrop Gage attorney David Shorr practices environmental law, regulatory law and government relations in Jefferson City and Columbia. He is legal counsel to the Missouri Association of Sewer Districts, and can be reached at dshorr@lathropgage.com.