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pL� C� � � �IC� �.� <br /> Sourcewell !„� <br /> OCT 2 4 2019 FormerlyNJPA <br /> ay <br /> TO: Shared Service Communities <br /> FROM: Sourcewell,Community Solutions <br /> DATE: 10/22/2019 <br /> RE: SSTS Services <br /> ISSUE <br /> The MPCA has raised concerns about Sourcewell's legal authority to provide services related to subsurface sewage <br /> treatment systems (SSTS).The basic position of the MPCA is that only employees of a City,County or Township <br /> qualify for certification under Minnesota Statutes, § 115.56,subd. 2(b)(1).The MPCA has threatened enforcement <br /> action against Sourcewell if we do not discontinue services related to SSTS's.They have requested that we apply <br /> for a business entity license, but that is not something we can do as a local unit of government. <br /> BRIEF ANSWER <br /> While we disagree with the MPCA's legal interpretation, we believe there is a middle-ground approach available. <br /> Through Minnesota's joint powers law,the City and a Service Cooperative such as Sourcewell can designate joint <br /> employees,thereby making them qualified employees for certification purposes because they would legally be <br /> employees of the City.This should satisfy the program administration requirements of the MPCA.The attached <br /> addenda seek to accomplish this goal. Note that nothing in the addendum changes anything operationally for the <br /> City. Sourcewell will continue to hire, supervise, support, pay, etc. staff designated as joint employees. <br /> Additionally,we have included defense and indemnification language in favor of the City. <br /> CONCLUSION <br /> It is important that we get these addenda in place and then roll the language into future contracts as they are <br /> renewed. If we cannot resolve this technical legal issue, it may mean we have to discontinue the SSTS related <br /> portion of the service we provide. <br /> 20212th Street NE � P.O.Box 219 , Staples,MN 56479 888-894-1930 � �nrww svurceweN mn.gov <br />