Member ________ introduced the following resolution and moved its adoption:

RESOLUTION NO. 12-4-01

RESOLUTION APPROVING RULES AND REGULATIONS

FOR THE ISSUANCE OF SEWER CONNECTION PERMITS

BE IT RESOLVED by the Board of Managers (the “Board”) of the Duluth/North Shore Sanitary District, St. Louis County, Minnesota (the “District”), as follows

Section 1. Recitals.

a. Pursuant to Minnesota Statutes, Chapter 115, the District intends to establish a wastewater collection system to serve the area within its jurisdiction (the "Project").

b. On December 5, 2000, the District, by majority vote adopted Ordinance No. 1, entitled "An Ordinance Creating a Sewer Utility; Regulating the Use of Public and Private Sewers; Establishing Methods for a Sewer Service Charge System and a Septage Service Charge System; and Providing Penalties for Violations of the Regulations Herein Defined" ("Ordinance No. 1").

c. Pursuant to Section 6.1 a. of Ordinance No. 1, except for District employees or agents acting in the course of employment, no person(s) may make any alterations to the public sewer or any appurtenances thereof or any connection thereto without first obtaining a written permit from the District.

d. Pursuant to Section 6.1 k. of Ordinance No. 1, the Board may promulgate rules and regulations as to the manner in which permits will be issued.

e. The Board intends to promulgate rules and regulations as to the manner in which permits will be issued in substantially the form set forth hereto as Exhibit A (the Permit Rules").

Section 2. Findings. It is hereby found and declared that:

a. it is in the best interest of the District and its residents that the District not only provide the District with a proper means of sewage disposal, but use its best efforts within its statuotry powers to assure that the quality of Lake Superior's waters is maintained; and

b. the District recognizes the potential for degradation through land development and it is necessary and desirable to adopt a program which requires the protection of water quality especially as it relates to point and non‑point pollution.

Section 2. Approval of Permit Rules. The Board hereby approves the Permit Rules in substantially the form attached hereto as Exhibit A. The Permit Rules will be effective upon the filing authorized in Section 4 of this Resolution.

Section 3. Filing Permit Rules. The Secretary is authorized and directed to place the Permit Rules on file in the general office of the District.

Section 4. Termination of Authority. The approvals and authority granted in this Resolution will terminate, expire and be of no further effect upon the earlier of promulgation by the Minnesota Pollution Control Agency (the "MPCA") of rules governing storm water management or the approval by the MPCA of storm water management ordinances of the City of Duluth, Minnesota, the Town of Lakewood, Minnesota and the Town of Duluth, Minnesota.

Adopted: January 8, 2002.

Nelson Thomas, Chair

ATTEST:

Mary Ann Sironen, Secretary

The motion of the adoption of the foregoing Resolution was duly seconded by Member ____________ and, upon vote being taken, the following voted in favor thereof:

the following voted against the same:

the following were absent:

whereupon, said Resolution was declared duly passed and adopted, and approved and signed by the Chair and attested by the Secretary.