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County Board approves Biscay wastewater CUP

The McLeod County Board of Commissioners unanimously approved a conditional use permit (CUP) for the city of Biscay Tuesday, even though application was made after construction had started on a $1.7 million wastewater collection and treatment project.
City officials had told the county’s planning commission last week that not obtaining a CUP prior to construction was an oversight.
Commissioner Sheldon Nies said Tuesday that there was plenty of blame that could be shared for that oversight.
He pointed out that the county has been working with the city for several years on its project, which includes the construction of septic tanks and a cluster mound system to treat wastewater from 29 homes.
“Somewhere along the line, we could have mentioned that they need a CUP,” said Nies.
On the other hand, he added, the city of Biscay and its engineering firm also should have been aware a CUP was needed.
“The bottom line is, what are we going to do now?” asked Nies.
Commissioner Kermit Terlinden asked County Attorney Mike Junge if it was OK for the city to continue construction without a CUP.
“No, it’s not all right,” said Junge. “I would have much preferred they had permits in hand prior to construction.”
Junge said the city assumed some risk in constructing the system without the permit.
Had the city actually started transporting sewage without the CUP, “I would have come before you to see if we should seek an injunction to make them stop,” Junge said.

For more, see the Oct. 1 print edition of The Chronicle.