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HomeMy WebLinkAbout65-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 65-19 File Number: 2019-0186 SENATE BILL 550: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF CLEAN WATER AND OPPOSITION TO SENATE BILL 550 WHEREAS, Senate Bill 550 would remove the authority of the Arkansas Department of Environmental Quality (ADEQ) to ensure all Arkansans will have safe and clean water; and WHEREAS, the largest water district in Arkansas, Central Arkansas Water, issued the following statement: "SB 550 presents a threat to the health and well-being of the people of Arkansas SB 550 has the potential to expose some of the state's most important natural resources including public drinking reservoirs to liquid animal waste;" and WHEREAS, Central Arkansas Water continues: "SB 550 would wipe out the current permitting process and oversight of these (confined animal feeding) facilities and gut current regulatory protections. Public notification requirements would be eliminated. Minimum distance setback from neighbors, streams and lakes could be lost;" and WHEREAS, our Beaver Water District (second largest in the state) also strongly opposes Senate Bill 550 in a statement entitled: "SB 550 Jeopardizes Drinking Water Sources such as Beaver Lake" and points out that Senate bill 550 "would eliminate ADEQ's oversight of liquid animal waste systems (and) substitute weakened authority to be exercised by the Arkansas Natural Resources Commission" which has fewer experienced pollution and water safety experts as well as much less authority to protect our clean water from confined animal operations; and WHEREAS, ADEQ possesses the expertise, oversight, and authority to permit and manage liquid manure waste in Arkansas. Page 1 Printed on 3125119 File Number.- 2019-0186 Resolution 65-19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its wholehearted support of clean water and joins with Central Arkansas Water and the Beaver Water District to request all Arkansas Senators and Representatives to vote "No" on Senate Bill 550. PASSED and APPROVED on 3/19/2019 Attest: — �iClf�-qtr"'�•.� Sondra E. S;'Ct�iC�leasurer (' •`�;, i-AYFT't= Page 2 Printed on 3125119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 T Text File F File Number: 2019-0186 Agenda Date: 3/19/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: SENATE BILL 550: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF CLEAN WATER AND OPPOSITION TO SENATE BILL 550 WHEREAS, Senate Bill 550 would remove the authority of the Arkansas Department of Environmental Quality (ADEQ) to ensure all Arkansans will have safe and clean water; and WHEREAS, the largest water district in Arkansas, Central Arkansas Water, issued the following statement: "SB 550 presents a threat to the health and well-being of the people of Arkansas.... SB 550 has the potential to expose some of the state's most important natural resources including public drinking reservoirs to liquid animal waste;" and WHEREAS, Central Arkansas Water continues: "SB 550 would wipe out the current permitting process and oversight of these (confined animal feeding) facilities and gut current regulatory protections. Public notification requirements would be eliminated. Minimum distance setback from neighbors, streams and lakes could be lost;" and WHEREAS, our Beaver Water District (second largest in the state) also strongly opposes Senate Bill 550 in a statement entitled: "SB 550 Jeopardizes Drinking Water Sources such as Beaver Lake" and points out that Senate bill 550 "would eliminate ADEQ's oversight of liquid animal waste systems . . .(and) substitute weakened authority to be exercised by the Arkansas Natural Resources Commission" which has fewer experienced pollution and water safety experts as well as much less authority to protect our clean water from confined animal operations; and WHEREAS, ADEQ possesses the expertise, oversight, and authority to permit and manage liquid manure waste in Arkansas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its wholehearted support of clean water and joins with Central Arkansas Water and the Beaver Water District to request all Arkansas Senators and Representatives to vote "No" on Senate Bill 550. City of Fayetteville, Arkansas Page 1 Printed on 3/25/2019 Legistar ID No.: 2019-0186 AGENDA REQUEST FORM FOR: Council Meeting of March 19, 2019 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF CLEAN WATER AND OPPOSITION TO SENATE BILL 550 APPROVED FOR AGENDA: Council Member Teresa Turk City Attorney Kit Williams Approved as to form Date � I"L Date RESOLUTION NO. A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF CLEAN WATER AND OPPOSITION TO SENATE BILL 550 WHEREAS, Senate Bill 550 would remove the authority of the Arkansas Department of Environmental Quality (ADEQ) to ensure all Arkansans will have safe and clean water; and WHEREAS, the largest water district in Arkansas, Central Arkansas Water, issued the following statement: "SB 550 presents a threat to the health and well-being of the people of Arkansas.... SB 550 has the potential to expose some of the state's most important natural resources including public drinking reservoirs to liquid animal waste;" and WHEREAS, Central Arkansas Water continues: "SB 550 would wipe out the current permitting process and oversight of these (confined animal feeding) facilities and gut current regulatory protections. Public notification requirements would be eliminated. Minimum distance setback from neighbors, streams and lakes could be lost;" and WHEREAS, our Beaver Water District (second largest in the state) also strongly opposes Senate Bill 550 in a statement entitled: "SB 550 Jeopardizes Drinking Water Sources such as Beaver Lake" and points out that Senate bill 550 "would eliminate ADEQ's oversight of liquid animal waste systems ...(and) substitute weakened authority to be exercised by the Arkansas Natural Resources Commission" which has fewer experienced pollution and water safety experts as well as much less authority to protect our clean water from confined animal operations; and WHEREAS, ADEQ possesses the expertise, oversight, and authority to permit and manage liquid manure waste in Arkansas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its wholehearted support of clean water and joins with Central Arkansas Water and the Beaver Water District to request all Arkansas Senators and Representatives to vote "No" on Senate Bill 550. PASSED and APPROVED this 19th day of March, 2019. APPROVED: ATTEST: Lo LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Tim Nyander, Water and Wastewater Director FROM: Kit Williams, City Attorney DATE: March 19, 2019 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Resolution in support of Clean Water and opposition to Senate Bill 550 The Central Arkansas Water district issued a statement entitled "SB 550 Threatens PublicDrinking Water Resources". The Beaver Water District issued a statement entitled: "SB 550 leo pardizes Drinkin Water Sources such as Beaver bake". I have attached both of these statements for your review. Senate Bill 550 would remove the authority from the Arkansas Department of Environmental Quality over confined animal feeding facilities and how and where to safely land apply their liquid waste. "SB 550 would wipe out the current permitting process and oversight of these facilities and gut current regulatory protections. Public notification requirements would be eliminated. Minimum distance setback from neighbors, streams and lakes could be lost. Subsurface investigation requirements to determine suitability for waste lagoons would no longer be required.... Established, effective enforcement protocol would go by the wayside. As a result, swine farms would operate in a much more permissive environment, and the prospect of liquid waste entering the water reservoirs of our great state would become a much greater threat." Central Arkansas Water district (the largest in Arkansas) Beaver Water District furnished us yesterday their opposition statement and said this in the email: "Attached is Beaver Water District's position statement on SB 550 regarding the permitting of liquid animal waste systems and the land -application of Iiquid animal waste. BWD opposes SB 550 because it poses a threat to the water quality in Beaver Lake," "the source of drinking water for over 500,000 Arkansans and Arkansas businesses." SB 550 eo ardizes Drirtkin Water Sources such as Beaver Lake position paper. Council Member Teresa Turk requested I draft the Resolution for her to sponsor and walk on tonight because SB 550 could be voted on before your next meeting. a�1Na er Essential & Exceptional 91©0 carkw.com 5B 550 Threatens Public Drinking Water Reservoirs SB 550 presents a threat to the health and well-being of the people of Arkansas. If enacted, this bill would completely change the way liquid animal waste disposal systems, which are used primarily by large swine farms to dispose of liquid swine waste, are regulated in Arkansas. Although characterized by supporters of the bill as an effort to achieve greater efficiency in the permitting process, SB 550 has the potential to expose some of the state's most important natural resources including public drinking water reservoirs to liquid animal waste. Currently, ADEQ is charged with issuing permits and conducting oversight of liquid animal waste disposal systems. ADEQ's process is effective and fair. It balances the needs of swine and dairy farmers with the right of the public to a safe and clean environment. It ensures the involvement of well-trained, knowledgeable professionals with years of experience. SB 550 would wipe out the current permitting process and oversight of these facilities and gut current regulatory protections. Public notification requirements would be eliminated. Minimum distance setback from neighbors, streams, and lakes could be lost. Subsurface investigation requirements to determine suitability for waste lagoons would no longer be required. Anonymous complaints would not be accepted or investigated, and public reporting necessarily would be deterred. Established, effective enforcement protocol would go by the wayside. As a result, swine farms would operate in a much more permissive environment, and the prospect of liquid animal waste entering the water reservoirs of our great state would become a much greater threat. Many Arkansas water systems produce some of the purest, healthiest, and most savory water in the world. That reality is the result of many years of devoted commitment by the State of Arkansas to protecting and preserving the state's public drinking water reservoirs. While swine farms serve a role in the state's economy and culture, that industry should not be bolstered at the expense of the state's water systems and all of the state's people, who rely on clean, healthy drinking water every day. As a result, Central Arkansas Water urges each member of the House and Senate to vote to preserve the current liquid animal waste permitting regimen by opposing SB 550. Williams, Kit From: Colene Gaston <cgaston@bwdh2o.org> Sent: Monday, March 18, 2019 6:53 PM To: Williams, Kit; Gutierrez, Sonia; 'Mark Kinion'; Scroggin, Sloan; 'Teresa Turk'; Nyander, Tim; Pugh, Alan; Norton, Susan Cc: Lane Crider, Alan Fortenberry; James McCarty; Bill HagenBurger, Kayla Mhoon; Amy Wilson Subject: SB 550 regarding liquid animal waste systems Attachments: 2019 03 16 Beaver Water District Position Statement - SB550.pdf; 2019 0315 Position Statement - Central Arkansas Water - SB 550.pdf Attached is Beaver Water District's position statement on SB 550 regarding the permitting of liquid animal waste systems and the land -application of liquid animal waste. BWD opposes SB 550 because it poses a threat to the water quality in Beaver Lake, the source of drinking water for most of Northwest Arkansas. Central Arkansas Water also has prepared a position statement in opposition to SB 550, which is attached for reference. We wanted to share this information with the members of the City's Water, Sewer, and Solid Waste Committee and with our partners on the City staff, given the City's efforts to protect the water quality in both the Beaver Lake and the Illinois River watersheds. Our concern is that SB 550, if enacted, will jeopardize the gains that have been made towards watershed protection in Northwest Arkansas. Please let me know if you have any questions. Thank you, Colene Colene Gaston Staff Attorney Beaver Water District P.O. Box 400 Lowell, AR 72745 479.756.3651 P.O. Box 400 Lowell AR 72745 Ph 479.756.3651 Fx 479.757.4356 - 1% Beaver Water District SB 550 Jeopardizes Drinkin� Water Sources such as Bearer Lake Beaver Lake is the source of drinking water for over 500,000 Arkansans and Arkansas businesses. It is more cost-effective to protect the water quality of the Lake than to treat lower -quality water. That ultimately translates to money -savings for drinking water consumers and businesses, Beaver Water District's source water protection program relies upon the permitting programs and the enforcement authority of the Arkansas Department of Environmental Quality (ADEQ). Senate Bill (SB) 550 would eliminate ADEQ's oversight of liquid animal waste systems, which often are a component of swine, dairy, and other confined animal operations. In its place, SB 550 would substitute weakened authority to be exercised by the Arkansas Natural Resources Commission (ANRC) and local conservation districts. SB 550 would restrict the scope of the permit terms and conditions that ANRC could place on liquid animal waste systems and the land -application of liquid animal waste, as compared to ADEQ's permitting authority. ANRC's inspection and enforcement authority is significantly less than that of ADEQ. ADEQ also has a more robust process for public participation in its permitting and rulemaking programs as compared to ANRC, Beaver Lake and its watershed are in a nutrient surplus area declared by the Legislature in 2003. Excess nutrients, among other things, can cause taste and odor problems with drinking water, can result in clogged filters at treatment plants, and can produce hazardous algal blooms that endanger human health and animal and aquatic life. It is important that the efforts made to reduce nutrients in the watersheds in Arkansas' nutrient surplus areas are not jeopardized by the relaxation of the laws that apply to liquid animal wastes. Beaver Water District appeals to all Arkansas Senators and Representatives to vote "No" on Senate Bill 550. March 16, 2019