2021-11-24 EMC draft minutes - Laserfiche WebLink

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b. Requests for updates: The commissioners have requested informational updates on the following: i. Director Mansour said there are good improvements moving forward. The Department has withdrawn the Finding of No Significant Impact for the aerated lagoon based on the prior Environmental Assessment. So currently we are negotiating with the EPA on moving forward with a new EA. Unfortunately, the process here doesnt allow for a supplement. You have to call it a new EA. So were going to be sending a notification to all people involved within the community to give them a heads up what the next step is going to be. We look forward to a new relationship with our constituents from a public education point of view. We will be having the constituents involved in the process-making as we move forward. So theres good positive moves out of this. And despite the $28,500 violation, the overall savings outweigh the violation to move forward. Hopefully well get better design, and a better system. Commissioner McIntosh asked to clarify that the fine was so that you could essentially change the design. Because earlier he thought that essentially the EPA gave you a set date. As long as everything was done by that date, you didnt have to meet milestones, they wouldnt fine you. So he was just a little surprised that the County was fined for the violation. Director Mansour said that was no surprise because the current AOC already stipulated the fines in it. Unfortunately, it was negotiated when the AOC was issued and signed. So the stipulated fine was part of the current AOC. And the reason that we got the stipulated fine was because we submitted a design-build outside the lagoon, but unfortunately, that EA did not consider any other option beside lagoons. Therefore, thats why we got the fine, because the new design did not go through Department of Health, given the time limitation and the design of the lagoon was not acceptable to us. Therefore, we have to go through the process, and we have to go through the stipulated fines. Moving forward, things are going to be smoother, he hopes. Commissioner McIntosh asked if the Director felt there will be more fines, or if that should be the only one we should encounter as long as everything proceeds smoothly. Director Mansour said that with the Department being transparent with EPA and everybody else involved, and the Department of Health, he hopes we do not see any more, but he cannot be the judge. We are doing our own due diligence to start negotiating the new agreement with EPA, and well see how that goes, he said. Chair Adams summarized: We knew wed take the hit on being delayed on plans that we sent through, but we did not want to stick with a bad idea had we gone ahead and said, all right, were going to build lagoons because then we wont get a penalty. But building lagoons is stupid and didnt make much sense. Is that a fair characterization? Director Mansour said that was fair. We could have ended up having these major green swamps on 14 acres. Thats why we did not recommend moving forward with it. 20