2019-08-28 Meeting Minutes (EMC)

Home

Discussion: Commissioner Fritz asked how Brown and Caldwell “could be so off,” and Chair Bennett said he did not have the answer. The county needed a back-up disposal system, so they pulled it off the shelf and called it an SAT system. Director Kucharski objected to the fifth statement in the letter, which states that “Water under the site is very brackish, and the water level fluctuates and mixes with the tides. This establishes a ‘hydrologic connection’ to the nearshore navigable waters of the United States.” He said this is not necessarily a fact, and there are long-term implications, which he does not feel are appropriate, to this statement. Chair Bennett stated they were intended. Director Kucharski said the fifth statement stated as a fact that there is an established and defined hydrologic connection between the SAT and the waters of the United States. This is not an insignificant statement, and it brings into play the Clean Water Act and the lawsuit that the Supreme Court has yet to rule on. He feels it is dangerous at this time for the EMC to go on record and make it a statement of fact. Chair Bennett said he is inspired by the precautionary principle, but he is also inspired by Article 11 of the State Constitution, which says they operate in the public interest. He believes they need to assume it is a fact until evidence proves it is not. Director Kucharski he has made his position clear, and it is not for him to vote on. Commissioner Fulton suggested rephrasing the statement or adding a footnote, but Chair Bennett said there was no need to water it down, and he has read the science. He said the letter is a recommendation, and he does not see how it jeopardizes the EMC or puts them in an untenable situation. Vice Chair Olson said there is no debate in his mind as to the connectivity to the groundwater. Sampling has been done for years. The statement is a generalization, and the entirety of the coast is connected. Further discussion was held on the prosed letter, and Commissioner Pequeño asked Chair Bennett a few questions. Commissioner Fritz called for the vote. Vote: All commissioners voted aye in favor of the letter as written. 5. NEW BUSINESS a. Discuss ideas to bring grant writing expertise to serve the Department of Environmental Management. Chair Bennett said he had asked Commissioner Pequeño to look into grant writing resources that might be available to help the department.