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collection. The unspecified and ongoing <br />liability this change would create would <br />have the effect of eliminating organized <br />collection as a waste management option. <br />This change would also create a virtual <br />monopoly situation for any company <br />awarded a solid waste contract under <br />organized collection. The local unit of <br />government would have to "buy out" a <br />contractor in the future to change providers, <br />even if their services were no longer the <br />lowest bid. It also creates an incentive for <br />bidders under organized collection to submit <br />high bids, as they would be eligible for <br />damages if they fail to win without having to <br />provide service. Furthermore, this is a <br />precedent that, if applied to other <br />government purchasing and service <br />contracting decisions, would clearly run <br />counter to the public purpose of government <br />providing services at the lowest feasible cost <br />to taxpayers. <br />Response: The League of Minnesota <br />Cities opposes efforts to apply inverse <br />condemnation claims to city solid waste <br />contracting decisions or to allow <br />automatic contractual damage claims for <br />solid waste haulers that lose competitive <br />bids in organized collection communities. <br />Further, the League supports the current <br />state policy that organized collection is a <br />valuable tool as part of a comprehensive <br />solid waste and recycling management <br />program and recognizes the need to <br />protect and preserve the authority of <br />cities to adopt solid waste service <br />contracts that protect public safety, the <br />environment and public infrastructure. <br />SD-24. Private Well Drilling <br />Issue: The state has continued to place <br />requirements on public water supply <br />providers to add drinking water treatment <br />and testing, to restrict the volume of water <br />used, and to increase the cost of water use <br />through fees and requirements on utility rate <br />structures. As a result, many water users are <br />choosing to obtain all or portions of their <br />water from wells they place on their own <br />property. This creates risks to public health <br />and safety, can affect the surrounding <br />environment, can affect city water supplies, <br />and can leave city water utilities with <br />massive losses of customer load and rate <br />revenue. <br />Providing clean, safe, cost-efficient drinking <br />water to citizens is an essential service <br />provided by 726 active municipal water <br />systems. The Minnesota Department of <br />Health (MDH) agrees that cities have the <br />statutory authority to determine whether <br />private wells are an appropriate use within <br />their boundaries and that cities must protect <br />the public water supplies from numerous <br />private wells in city boundaries. Private <br />wells in a city increase the risk of <br />contaminating public water supplies and <br />encourage over use of water. Cities have the <br />authority to regulate and even prohibit <br />private wells by local ordinance <br />Response: The League of Minnesota <br />Cities supports current law that <br />authorizes cities to protect public health <br />and safety through local controls <br />regulating or prohibiting private wells <br />being placed within municipal water <br />utility service boundaries and would <br />oppose any changes to law to remove that <br />authority. <br />SD-25. Airport Safety Zones <br />Issue: The field of aeronautics is regulated <br />generally by Minn. Stat. ch. 360 and Chapter <br />8800 of the Minnesota Rules. Land use <br />safety zones and other public airport zoning <br />standards are established in Minnesota Rules <br />Chapter 8800.2400, and are adopted by local <br />airport zoning regulations that are submitted <br />League of Minnesota Cities <br />2015 City Policies Page 15 <br />